COLLECTIVE AGREEMENT FAIRVIEW MANAGEMENT SERVICES … · 11.3 Burden of Proof ... ARTICLE 14 -...

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COLLECTIVE AGREEMENT between the FAIRVIEW MANAGEMENT SERVICES LTD. represented by COMMUNITY SOCIAL SERVICES EMPLOYERS’ ASSOCIATION (CSSEA) and the B.C. GOVERNMENT AND SERVICE EMPLOYEES’ UNION (BCGEU) Effective from April 1, 1998 to March 31, 2003 20427v2 1003-104

Transcript of COLLECTIVE AGREEMENT FAIRVIEW MANAGEMENT SERVICES … · 11.3 Burden of Proof ... ARTICLE 14 -...

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COLLECTIVE AGREEMENT

between the

FAIRVIEW MANAGEMENT SERVICES LTD.

represented by

COMMUNITY SOCIAL SERVICES EMPLOYERS’ ASSOCIATION (CSSEA)

and the

B.C. GOVERNMENT AND SERVICE EMPLOYEES’ UNION (BCGEU)

Effective from April 1, 1998 to March 31, 2003

20427v2 1003-104

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TABLE OF CONTENTS

ARTICLE 1 - PREAMBLE................................................................................................................ 1 1.1 Purpose of Agreement ................................................................................................ 1 1.2 Future Legislation....................................................................................................... 1 1.3 Conflict with Regulations........................................................................................... 1 1.4 Use of Terms............................................................................................................... 1 1.5 No Discrimination ...................................................................................................... 1

ARTICLE 2 - DEFINITION OF EMPLOYEES............................................................................. 1 2.1 Full and Part-Time Employees................................................................................... 1

ARTICLE 3 - UNION RECOGNITION AND RIGHTS ............................................................... 2 3.1 Bargaining Unit Defined ............................................................................................ 2 3.2 Bargaining Agent Recognition................................................................................... 2 3.3 Correspondence .......................................................................................................... 2 3.4 No Other Agreement .................................................................................................. 2 3.5 No Discrimination for Union Activity ....................................................................... 2 3.6 Recognition and Rights of Stewards .......................................................................... 2 3.7 Bulletin Boards ........................................................................................................... 3 3.8 Union Insignia............................................................................................................. 3 3.9 Time off for Union Business ...................................................................................... 3 3.10 Right to Refuse to Cross Picket Lines........................................................................ 3 3.11 Labour Relations Code ............................................................................................... 4 3.12 Emergency Services.................................................................................................... 4

ARTICLE 4 - UNION SECURITY ................................................................................................... 4

ARTICLE 5 - CHECK-OFF OF UNION DUES ............................................................................. 4

ARTICLE 6 - EMPLOYER AND UNION SHALL ACQUAINT NEW EMPLOYEES........... 5

ARTICLE 7 - EMPLOYER'S RIGHTS........................................................................................... 5

ARTICLE 8 - EMPLOYER/UNION RELATIONS ....................................................................... 5 8.1 Representation............................................................................................................. 5 8.2 Union Bargaining Committee .................................................................................... 5 8.3 Union Representatives................................................................................................ 5 8.4 Labour Management Committee................................................................................ 5 8.5 Technical Information ................................................................................................ 6

ARTICLE 9 - GRIEVANCES............................................................................................................ 6 9.1 Grievance Procedure................................................................................................... 6 9.2 Step 1........................................................................................................................... 6 9.3 Time Limits to Present Initial Grievance ................................................................... 6 9.4 Step 2........................................................................................................................... 7 9.5 Time Limit to Reply to Step 2.................................................................................... 7 9.6 Step 3........................................................................................................................... 7 9.7 Time Limit to Reply at Step 3 .................................................................................... 7 9.8 Failure to Act .............................................................................................................. 7 9.9 Time Limit to Submit to Arbitration.......................................................................... 7 9.10 Amending of Time Limits .......................................................................................... 7 9.11 Dismissal or Suspension Grievance ........................................................................... 8 9.12 Deviation from Grievance Procedure......................................................................... 8 9.13 Policy Grievance......................................................................................................... 8 9.14 Technical Objections to Grievances........................................................................... 8 9.15 Management Grievance.............................................................................................. 8

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ARTICLE 10 - ARBITRATION........................................................................................................ 8 10.1 Notification ................................................................................................................. 8 10.2 Appointment of the Arbitrator.................................................................................... 9 10.3 Board Procedure ......................................................................................................... 9 10.4 Decision of Arbitrator................................................................................................. 9 10.5 Disagreement on Decision.......................................................................................... 9 10.6 Expenses of Arbitrator................................................................................................ 9 10.7 Amending Time Limits .............................................................................................. 9 10.8 Witnesses .................................................................................................................... 9 10.9 Expedited Arbitration ................................................................................................. 9

ARTICLE 11 - DISMISSAL, SUSPENSION AND DISCIPLINE.............................................. 10 11.1 Procedure .................................................................................................................. 10 11.2 Dismissal and Suspension ........................................................................................ 10 11.3 Burden of Proof ........................................................................................................ 10 11.4 Right to Grieve Other Disciplinary Action .............................................................. 10 11.5 Evaluation Reports.................................................................................................... 11 11.6 Personnel File............................................................................................................ 11 11.7 Right to Have Union Representative Present........................................................... 11 11.8 Abandonment of Position......................................................................................... 11 11.9 Probation for Newly Hired Employees .................................................................... 12 11.10 Employee Investigations........................................................................................... 12

ARTICLE 12 - SENIORITY............................................................................................................ 12 12.1 Seniority Defined...................................................................................................... 12 12.2 Seniority List............................................................................................................. 12 12.3 Loss of Seniority....................................................................................................... 13 12.4 Re-employment......................................................................................................... 13 12.5 Bridging of Service................................................................................................... 13 12.6 Same Seniority Date ................................................................................................. 13

ARTICLE 13 - LAYOFF AND RECALL ...................................................................................... 13 13.1 Definition of a Layoff............................................................................................... 13 13.2 Pre-Layoff Canvas .................................................................................................... 14 13.3 Layoff........................................................................................................................ 14 13.4 Recall......................................................................................................................... 15 13.5 Advance Notice and Severance Pay......................................................................... 15 13.6 Grievance on Layoffs and Recalls ........................................................................... 15 13.7 Worksite Closure ...................................................................................................... 15 13.8 Employment Security ............................................................................................... 16

ARTICLE 14 - HOURS OF WORK ............................................................................................... 18 14.1 Definitions................................................................................................................. 18 14.2 Hours of Work .......................................................................................................... 18 14.3 Rest Periods .............................................................................................................. 19 14.4 Meal Periods ............................................................................................................. 19 14.5 Flextime .................................................................................................................... 19 14.6 Staff Meetings........................................................................................................... 20 14.7 On Call ...................................................................................................................... 20

ARTICLE 15 - SHIFTS .................................................................................................................... 20 15.1 Exchange of Shifts.................................................................................................... 20 15.2 Shortfall of Shifts...................................................................................................... 20 15.3 Split Shifts................................................................................................................. 20

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ARTICLE 16 - OVERTIME ............................................................................................................ 20 16.1 Definitions................................................................................................................. 20 16.2 Overtime Entitlement................................................................................................ 21 16.3 Recording of Overtime ............................................................................................. 21 16.4 Sharing of Overtime ................................................................................................. 21 16.5 Overtime Compensation........................................................................................... 21 16.6 No Layoff to Compensate for Overtime .................................................................. 21 16.7 Right to Refuse Overtime......................................................................................... 21 16.8 Call Back Provisions................................................................................................. 21 16.9 Rest Interval .............................................................................................................. 22 16.10 Overtime for Part-time Employees .......................................................................... 22 16.11 Dependent Care Expenses for Overtime.................................................................. 22 16.12 Authorization of Overtime ....................................................................................... 22 16.13 Compensatory Time Off........................................................................................... 22

ARTICLE 17 - HOLIDAYS ............................................................................................................. 22 17.1 Paid Holidays............................................................................................................ 22 17.2 Holiday Falling on Saturday or Sunday................................................................... 23 17.3 Holiday Falling on a Day of Rest............................................................................. 23 17.4 Working on a Designated Lieu Day......................................................................... 23 17.5 Holiday Falling on a Workday ................................................................................. 23 17.6 Holiday Coinciding With a Day of Vacation........................................................... 23 17.7 Christmas Day or New Year's Day Off.................................................................... 23 17.8 Paid Holiday Pay ...................................................................................................... 23 17.9 Holiday Pay for Part-Time Employees .................................................................... 23 17.10 Religious Holidays.................................................................................................... 23

ARTICLE 18 - ANNUAL VACATIONS........................................................................................ 24 18.1 Annual Vacation Entitlement ................................................................................... 24 18.2 Vacation Preference.................................................................................................. 25 18.3 Vacation Pay ............................................................................................................. 25 18.4 Vacation Carry Over................................................................................................. 25 18.5 Vacation Schedules................................................................................................... 26 18.6 Vacation Schedule Changes ..................................................................................... 26 18.7 Vacation Pay Upon Termination.............................................................................. 26 18.8 Vacation Credits Upon Death................................................................................... 26 18.9 Approved Leave of Absence With Pay During Vacation ....................................... 26 18.10 Call Back on Vacation.............................................................................................. 26 18.11 Banked Vacation....................................................................................................... 27 18.12 Conversion of Hours................................................................................................. 27

ARTICLE 19 - SICK LEAVE.......................................................................................................... 27 19.1 Sick Leave Credits.................................................................................................... 27 19.2 Employee to Inform Employer................................................................................. 27 19.3 Conversion of Hours................................................................................................. 27 19.4 Ineligible for Sick Leave .......................................................................................... 28 19.5 Sick Leave Records .................................................................................................. 28

ARTICLE 20 - SPECIAL AND OTHER LEAVE ........................................................................ 28 20.1 Compassionate Leave ............................................................................................... 28 20.2 Special Leave............................................................................................................ 28 20.3 Full-time Union or Public Duties ............................................................................. 28 20.4 Leave for Court Appearances................................................................................... 29

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20.5 Elections.................................................................................................................... 29 20.6 General Leave ........................................................................................................... 29 20.7 Health and Welfare Benefits While on Unpaid Leave of Absence......................... 29

ARTICLE 21 - MATERNITY AND PARENTAL LEAVE......................................................... 29 21.1 Maternity Leave........................................................................................................ 29 21.2 Parental Leave........................................................................................................... 30 21.3 Leave without Pay .................................................................................................... 30 21.4 Aggregate Leave ....................................................................................................... 30 21.5 Return from Leave.................................................................................................... 30 21.6 Benefit Plan............................................................................................................... 31 21.7 Seniority Rights on Reinstatement ........................................................................... 31 21.8 Sick Leave Credits.................................................................................................... 31

ARTICLE 22 - SAFETY AND HEALTH ...................................................................................... 31 22.1 Conditions ................................................................................................................. 31 22.2 Working Environment .............................................................................................. 31 22.3 Safety Committee ..................................................................................................... 31 22.4 Unsafe Work............................................................................................................. 32 22.5 Workplace Aggression ............................................................................................. 32 22.6 Injury Pay Provision ................................................................................................. 32 22.7 Transportation of Accident Victims......................................................................... 32 22.8 Employee Check In................................................................................................... 32 22.9 Communicable Diseases........................................................................................... 32 22.10 Protective Clothing and Supplies ............................................................................. 32 22.11 Video Display Terminals.......................................................................................... 32

ARTICLE 23 - TECHNOLOGICAL CHANGE........................................................................... 33 23.1 Definition .................................................................................................................. 33 23.2 Advance Notice......................................................................................................... 33 23.3 Discussions ............................................................................................................... 33 23.4 Employment Protection ............................................................................................ 33 23.5 Training..................................................................................................................... 33 23.6 New Employees ........................................................................................................ 33

ARTICLE 24 - PROMOTION AND STAFF CHANGES............................................................ 34 24.1 Job Postings .............................................................................................................. 34 24.2 Information in Postings ............................................................................................ 34 24.3 Appointment Policy.................................................................................................. 34 24.4 Transfers.................................................................................................................... 34 24.5 Trial Period ............................................................................................................... 34 24.6 Local Union Observer .............................................................................................. 35 24.7 Notification ............................................................................................................... 35 24.8 Right to Grieve.......................................................................................................... 35 24.9 Vacation Letters........................................................................................................ 35 24.10 Temporary Vacancies ............................................................................................... 35 24.11 Interviews.................................................................................................................. 35 24.12 Deemed Qualified..................................................................................................... 35

ARTICLE 25 - CAREER DEVELOPMENT ................................................................................ 36 25.1 Purpose...................................................................................................................... 36 25.2 Staff Development Leave ......................................................................................... 36

ARTICLE 26 - PAYMENT OF WAGES AND ALLOWANCES............................................... 36 26.1 Equal Pay .................................................................................................................. 36 26.2 Paydays ..................................................................................................................... 36

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26.3 Rates of Pay .............................................................................................................. 36 26.4 Substitution Pay ........................................................................................................ 36 26.5 Rate of Pay on Reclassification or Promotion ......................................................... 37 26.6 Pay on Temporary Assignment ................................................................................ 37 26.7 Reclassification of Position ...................................................................................... 37 26.8 Mileage Allowance................................................................................................... 37 26.9 Meal Allowance........................................................................................................ 37 26.10 Travel Advance......................................................................................................... 37 26.11 Salary Rate Upon Employment................................................................................ 37 26.12 Classification Appeal Process .................................................................................. 38

ARTICLE 27 - HEALTH AND WELFARE BENEFITS ............................................................ 38 27.1 Eligibility .................................................................................................................. 38 27.2 Termination............................................................................................................... 38 27.3 Definition of Spouse and Other Dependants............................................................ 38 27.4 BC Medical ............................................................................................................... 38 27.5 Dental Plan................................................................................................................ 39 27.6 Extended Health Plan ............................................................................................... 39 27.7 Group Life and Accidental Death and Dismemberment ......................................... 40 27.8 Long Term Disability ............................................................................................... 40

ARTICLE 28 - GENERAL CONDITIONS ................................................................................... 41 28.1 Damage to Personal Property ................................................................................... 41 28.2 Supply and Maintenance of Equipment ................................................................... 41 28.3 Indemnity .................................................................................................................. 41 28.4 Copies of Agreement ................................................................................................ 41 28.5 Contracting Out......................................................................................................... 41 28.6 Personal Duties ......................................................................................................... 41 28.7 Payroll Deductions.................................................................................................... 41 28.8 Client Confidentiality ............................................................................................... 41 28.9 Administration of Medication .................................................................................. 42 28.10 Job Descriptions........................................................................................................ 42 28.11 Staff Confidentiality ................................................................................................. 42 28.12 Vehicle Allowance.................................................................................................... 42 28.13 Required Certificates ................................................................................................ 42

ARTICLE 29 - HARASSMENT...................................................................................................... 42 29.1 Sexual Harassment.................................................................................................... 42 29.2 Personal Harassment................................................................................................. 43 29.3 Harassment Complaint Procedures .......................................................................... 43

ARTICLE 30 - CASUAL EMPLOYEES ....................................................................................... 44 30.1 Employment Status................................................................................................... 44 30.2 Seniority.................................................................................................................... 44 30.3 Call In Procedures..................................................................................................... 45 30.4 Leaves of Absence.................................................................................................... 45 30.5 Holiday and Vacation Pay for Casual Employees................................................... 45 30.6 Application of Agreement ........................................................................................ 45

ARTICLE 31 - REGISTERED RETIREMENT SAVINGS PLAN............................................ 45

ARTICLE 32 - TERM OF AGREEMENT.................................................................................... 46 32.1 Duration .................................................................................................................... 46 32.2 Notice to Bargain...................................................................................................... 46 32.3 Commencement of Bargaining................................................................................. 46 32.4 Changes in Agreement.............................................................................................. 46

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32.5 Effective Date of Agreement.................................................................................... 46 32.6 Agreement to Continue in Force .............................................................................. 47

APPENDIX A - Wage Rates............................................................................................................. 48

APPENDIX B - List of Arbitrators.................................................................................................. 49

APPENDIX C - Advance Payment of Group Life Benefits.......................................................... 50

APPENDIX D - Employment Security – Policy Dispute Resolution Process............................. 51

APPENDIX E - Employment Security - Region ............................................................................ 53

MEMORANDUM OF AGREEMENT #1 - Re: Job Evaluation Plan ....................................... 54

MEMORANDUM OF AGREEMENT #2 - Re: Registered Retirement Savings Plan............ 56

MEMORANDUM OF AGREEMENT #3 - Re: 24-Hour Live-In Shifts................................... 57

MEMORANDUM OF AGREEMENT #4 - Re: Article 15.3, Split Shifts ................................. 59

MEMORANDUM OF AGREEMENT #5 - Re: Article 27, Health and Welfare Benefits...... 60

LETTER OF UNDERSTANDING #1 - Re: Call In Procedure For Casual Employees ......... 62

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ARTICLE 1 - PREAMBLE

1.1 Purpose of Agreement

The purpose of this Agreement is to provide orderly collective bargaining between the Employer and the Union. Both the Employer and the Union agree that it is in the best interest of both Parties to co-operate fully, individually and collectively with one another and thereby agree to abide by the terms set out in this Agreement.

The Parties to this Agreement share a desire to improve the quality of the services provided by the Employer. Accordingly, they are determined to establish, within the framework provided by the law, an effective working relationship at all levels in which members of the bargaining unit are employed.

1.2 Future Legislation

In the event that any future legislation renders null and void or materially alters any provision of this Agreement, the remaining provisions shall remain in effect for the term of the Agreement, and the Parties hereto shall negotiate a mutually agreeable provision to be substituted for the provision so rendered null and void or materially altered. If agreement is not reached the matter shall be sent to arbitration as provided in Article 10.

1.3 Conflict with Regulations

In the event that there is a conflict between the contents of the Agreement and any regulation made by the Employer, or on behalf of the Employer, this Agreement shall take precedence over the said regulation.

1.4 Use of Terms

(a) Masculine and Feminine

The masculine or feminine gender may be used interchangeably throughout this Agreement. Wherever one gender is used it shall be construed as meaning the other if the facts or context so require.

(b) Singular or Plural

Wherever the singular is used the same shall be construed as meaning the plural if the facts or context so require.

1.5 No Discrimination

The Parties hereto subscribe to the principles of the Human Rights Code of British Columbia.

The Employer and the Union agree that there shall be no discrimination with respect to an employee's employment by reason of race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex, sexual orientation, age, or criminal or summary conviction that is unrelated to the employment of that person.

ARTICLE 2 - DEFINITION OF EMPLOYEES

2.1 Full and Part-Time Employees

(a) A regular full-time employee is one who is appointed to a full-time position and is regularly scheduled to work full-time shifts as identified in Article 14.2(a). These employees are entitled to all benefits outlined in this Collective Agreement.

(b) A regular part-time employee is one who is appointed to a part-time position with a part-time schedule and works less than the number of hours constituting full-time employment as outlined in Article 14. A regular part-time employee is entitled to all benefits of this Agreement on a prorated basis except as provided for in Article 27, Health and Welfare Benefits.

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ARTICLE 3 - UNION RECOGNITION AND RIGHTS

3.1 Bargaining Unit Defined

The bargaining unit shall comprise all employees included in the certification issued by the Labour Relations Board except those excluded by mutual agreement of the Parties or by the Labour Relations Code.

3.2 Bargaining Agent Recognition

The Employer recognizes the B.C. Government and Service Employees' Union as the exclusive bargaining agent for all employees covered by the certification.

3.3 Correspondence

The Employer agrees that all correspondence between the Employer and the Union related to matters covered in this Agreement, shall be sent to the President of the Union or designate. The Employer agrees that a copy of any correspondence between the Employer or Employer's official and any employees in the bargaining unit covered by this Agreement, pertaining to the interpretation or application of any clause in this Agreement, shall be forwarded to the President of the Union or designate.

3.4 No Other Agreement

No employees covered by this Agreement shall be required or permitted to make a written or verbal agreement with the Employer or its representatives which may conflict with the terms of this Agreement.

3.5 No Discrimination for Union Activity

The Employer and the Union agree that there shall be no discrimination, interference, restriction, or coercion exercised or practiced with respect to any employees for reason of membership or activity in the Union.

3.6 Recognition and Rights of Stewards

The Employer recognizes the Union's right to select stewards to represent employees. The Employer and the Union will agree on the number of stewards, taking into account both operational and geographic considerations. The Union agrees to provide the Employer with a list of the employees designated as stewards.

A steward shall make every effort to perform the duties of a steward outside of normal working hours. If this is not possible, a steward, or her alternate, shall obtain the permission of her immediate supervisor before leaving her work to perform her duties as a steward. Leave for this purpose shall be without loss of pay. Such permission shall not be unreasonably withheld. On resuming her normal duties, the steward shall notify her supervisor.

The duties of stewards shall include:

(a) investigation of complaints of an urgent nature;

(b) investigation of grievances and assisting any employee whom the steward represents in presenting a grievance in accordance with the grievance procedure;

(c) supervision of ballot boxes and other related functions during ratification votes;

(d) carrying out duties within the realm of safety responsibilities, these being recognized as complaints of an urgent nature which require immediate attention;

(e) attending meetings called by the Employer.

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3.7 Bulletin Boards

The Employer shall provide bulletin board facilities for the exclusive use of the Union, the sites to be determined by mutual agreement. The use of such bulletin board facilities shall be restricted to the business affairs of the Union.

3.8 Union Insignia

A Union member shall have the right to wear or display the recognized insignia of the Union. The Union agrees to furnish to the Employer Union shop cards, for the Employer's places of operation, to be displayed at a mutually agreed place on the premises. Such card will remain the property of the Union and shall be surrendered upon demand.

3.9 Time off for Union Business

Leave of absence without pay and without loss of seniority will be granted:

(a) Without Pay

(1) to an elected or appointed representative of the Union to attend conventions of the Union and bodies to which the Union is affiliated;

(2) for elected or appointed representatives of the Union to attend to Union business which requires them to leave their premises of employment;

(3) for employees who are representatives of the Union on a bargaining committee, to attend meetings of the bargaining committee;

(4) to employees called by the Union to appear as witnesses before an Arbitration Board or any other Labour Relations body;

(5) leave for negotiations with the Employer;

(6) to stewards to maintain all bulletin boards and binders;

(7) to employees who are designated by the Union to sit as observers on interview panels.

(b) Without Loss of Pay

(1) to stewards, or their alternates, to perform their duties as per Article 3.6;

(2) to employees appointed by the Union as Union representatives to attend Joint Labour/Management Committee meetings during their working hours.

(c) The Union and the employee will make every effort to provide as much advance notice as possible, for leave requirements to facilitate scheduling of both clients and employees. To facilitate the administration of (a) above, when leave without pay is granted, the leave shall be given without loss of pay and the Union shall reimburse the Employer for the appropriate salary costs, including travel time incurred. Leaves under this Article shall include sufficient travel time, where necessary.

3.10 Right to Refuse to Cross Picket Lines

(a) All employees covered by this Agreement shall have the right to refuse to cross a picket line arising out of a dispute as defined in the appropriate legislation. Any employees failing to report for duty shall be considered to be absent without pay.

(b) Failure to cross a picket line encountered in carrying out the Employer's business shall not be considered a violation of this Agreement nor shall it be grounds for disciplinary action.

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3.11 Labour Relations Code

The Parties hereto subscribe to the principles of the Labour Relations Code of British Columbia.

3.12 Emergency Services

The Parties recognize that in the event of a strike or lockout, situations may arise of an emergency nature. To this end, the Employer and the Union will agree to provide services of an emergency nature.

ARTICLE 4 - UNION SECURITY

All employees in the bargaining unit who on the date of certification, were members of the Union or thereafter became members of the Union shall, as a condition of continued employment, maintain such membership.

All employees hired on or after the date of certification shall, as a condition of continued employment, become members of the Union, and maintain such membership, upon completion of thirty (30) days as an employee.

Nothing in this Agreement shall be construed as requiring a person who was an employee prior to the date of certification, to become a member of the Union.

ARTICLE 5 - CHECK-OFF OF UNION DUES

The Employer shall, as a condition of employment, deduct from the gross salary of each employee in the bargaining unit, whether or not the employee is a member of the Union, the amount of the regular dues payable to the Union by a member of the Union.

The Employer shall deduct from the gross salary of an employee who is a member of the Union any assessments levied in accordance with the Union Constitution and/or Bylaws and owing by the employee to the Union.

Deductions shall be made in each payroll period of each month and membership dues or payments in lieu thereof shall be considered as owing in the month for which they are so deducted.

All deductions shall be remitted to the President of the Union not later than twenty-eight (28) days after the date of deduction and the Employer shall also provide a list of names of those employees from whose salaries such deductions have been made, together with the amounts deducted from each employee.

Before the Employer is obliged to deduct any amount under this Article, the Union must advise the Employer in writing of the amount of its regular monthly dues or assessments. The amount so advised shall continue to be the amount to be deducted until changed by further written notice to the Employer signed by the President of the Union. Upon receipt of such notice, such changed amount shall be the amount deducted.

From the date of the signing of this Agreement and for its duration, no employee organization other than the Union shall be permitted to have membership dues or other monies deducted by the Employer from the pay of the employees in the bargaining unit.

The Employer shall supply each employee, without charge, a T4 receipt for income tax purposes in the amount of the deductions paid to the Union by the employee in the previous year. Such receipts shall be provided to the employee prior to March 1st of the succeeding year.

An employee shall, as a condition of continued employment, complete an authorization form providing for the deduction from an employee's gross monthly wages or gross salary the amount of the regular monthly dues payable to the Union by a member of the Union.

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ARTICLE 6 - EMPLOYER AND UNION SHALL ACQUAINT NEW EMPLOYEES

The Employer agrees to acquaint new employees with the fact that a Collective Agreement is in effect and with the conditions of employment set out in the Articles dealing with Union Security and Dues Check-off. The Employer agrees to provide the name, worksite phone number, and location of the new employee's steward in the letter of hiring. Whenever the steward is employed in the same work area as the new employee, the employee's immediate supervisor will introduce her to her steward. The Employer agrees that a Union steward will be given an opportunity to interview each new employee within regular working hours, without loss of pay, for thirty (30) minutes sometime during the first thirty (30) days of employment for the purpose of acquainting the new employee with the benefits and duties of Union membership and the employee's responsibilities and obligations to the Employer and the Union.

ARTICLE 7 - EMPLOYER'S RIGHTS

The Union acknowledges that the management and direction of employees in the bargaining unit is retained by the Employer, except as this Agreement otherwise specifies.

ARTICLE 8 - EMPLOYER/UNION RELATIONS

8.1 Representation

No employee or group of employees shall undertake to represent the Union at meetings with the Employer without the proper authorization of the Union. To implement this, the Union shall supply the Employer with the names of its officers and similarly, the Employer shall supply the Union with a list of its supervisory or other personnel with whom the Union may be required to transact business.

8.2 Union Bargaining Committee

A Union Bargaining Committee shall be appointed by the Union and shall consist of up to three (3) members of the Union together with the President of the Union or her designate. The Union shall have the right at any time to have the assistance of members of the staff of the Union when negotiating with the Employer.

8.3 Union Representatives

The Employer agrees that access to its premises will be granted to members of the staff of the Union when dealing or negotiating with the Employer, as well as for the purpose of investigating and assisting in the settlement of a grievance. Members of Union staff shall notify the designated Employer's official in advance of their intention and their purpose for entering and shall not interfere with the operation of the department or section concerned. Where available, the Employer will make available to Union representatives or stewards, temporary use of an office or similar facility to facilitate the orderly and confidential investigation of grievances.

8.4 Labour Management Committee

(a) There shall be established a Labour/Management Committee composed of two (2) Union representatives and two (2) Employer representatives. The Parties may mutually agree to increase the size of the Committee up to a maximum of four (4) Union representatives and four (4) Employer representatives. This Committee may call upon additional persons for technical information or advice. The Committee may establish subcommittees or "ad-hoc" committees as it deems necessary and shall set guidelines and operating procedures for such Committees.

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(b) The Committee shall meet at least once every sixty (60) days or at the call of either Party at a mutually agreeable time and place. Employees shall not suffer any loss of basic pay for time spent on this Committee.

(c) An Employer representative and a Union representative shall alternate in presiding over meetings.

(d) The Committee shall not have jurisdiction over wages or any other matter of collective bargaining, including the administration of this Agreement. The Committee shall not supersede the activities of any other Committee of the Union or of the Employer and shall not have the power to bind either the Union or its members or the Employer to any decisions or conclusions reached in their discussions.

(e) The Committee shall have the power to make recommendations to the Union and the Employer on the following general matters:

(1) reviewing matters, other than grievances, relating to the maintenance of good relations between the Parties;

(2) correcting conditions causing grievances and misunderstanding.

8.5 Technical Information

The Employer agrees to provide to the Union such information, as is available relating to employees in the bargaining unit, as may be required by the Union for collective bargaining purposes.

ARTICLE 9 - GRIEVANCES

9.1 Grievance Procedure

The Employer and the Union agree that disputes arising from:

(a) the interpretation, application or alleged violation of the Agreement, including the question of arbitrability; or

(b) the dismissal, suspension or discipline of any employee in the bargaining unit;

shall be resolved in accordance with the following procedures.

9.2 Step 1

In the first step of the grievance procedure, every effort shall be made to settle the dispute with the designated local supervisor. The aggrieved employee shall have the right to have her steward present at such a discussion. If the dispute is not resolved orally, the aggrieved employee may submit a written grievance, through the Union steward, to Step 2 of the grievance procedure. When the aggrieved employee is a steward, she shall not, where possible, act as a steward in respect of her own grievance, but shall submit the grievance through another steward or Union staff representative.

9.3 Time Limits to Present Initial Grievance

An employee who wishes to present a grievance at Step 2 of the grievance procedure, in the manner prescribed in Article 9.4, must do so not later than thirty (30) days after the date:

(a) on which she was notified orally or in writing of the action or circumstances giving rise to the grievance; or

(b) on which she first became aware of the action or circumstances giving rise to the grievance.

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9.4 Step 2

(a) Subject to the time limits in Article 9.3, the employee may present a grievance at this level by:

(1) recording the grievance on the appropriate grievance form, setting out the nature of the grievance and the circumstances from which it arose;

(2) stating the Article or Articles of the Agreement violated or alleged to have been violated, and the remedy or correction required; and

(3) transmitting this grievance to the designated local supervisor through the Union steward.

(b) The local supervisor shall:

(1) forward the grievance to the representative of the Employer authorized to deal with grievances at Step 2; and

(2) provide the employee with a receipt stating the date on which the grievance was received.

9.5 Time Limit to Reply to Step 2

(a) Within ten (10) calendar days of receiving the grievance at Step 2, the representative of the Employer, the employee and the shop steward shall meet to examine the facts, the nature of the grievance and attempt to resolve the dispute. This meeting may be waived by mutual agreement.

(b) The Employer's designate at Step 2 shall reply in writing to the Union within fourteen (14) days of receiving the grievance at Step 2.

9.6 Step 3

The President of the Union, or her designate, may present a grievance at Step 3:

(a) within fourteen (14) days after the decision has been conveyed to her by the representative designated by the Employer to handle grievances at Step 2;

(b) within fourteen (14) days after the Employer's reply was due.

9.7 Time Limit to Reply at Step 3

The representative designated by the Employer to handle grievances at Step 3 shall reply in writing to the grievance within thirty (30) days of receipt of the grievance at Step 3.

9.8 Failure to Act

If the President of the Union, or designate, does not present a grievance to the next higher level within the prescribed time limits, the grievance will be deemed to be abandoned. However, the Union shall not be deemed to have prejudiced its position on any future grievance.

9.9 Time Limit to Submit to Arbitration

Failing satisfactory settlement at Step 3, and pursuant to Article 10, the President, or her designate, may inform the Employer of his intention to submit the dispute to arbitration within:

(a) thirty (30) days after the Employer's decision has been received; (b) thirty (30) days after the Employer's decision is due.

9.10 Amending of Time Limits

The time limits fixed in this grievance procedure may be altered by mutual consent of the Parties, but the same must be in writing. Where a grievance or a reply is presented by mail it shall be deemed to be presented on the day on which it is postmarked and it shall be deemed to be received on the day it was

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delivered to the appropriate office of the Employer or the Union. Grievances and replies at Step 3 of the grievance procedure and notification to arbitrate shall be by registered mail or facsimile.

9.11 Dismissal or Suspension Grievance

(a) In the case of a dispute arising from an employee's dismissal, the grievance may be filed directly at arbitration within thirty (30) days of the date on which the dismissal occurred, or within thirty (30) days of the employee receiving notice of dismissal.

(b) In the case of a dispute arising from an employee's suspension, the grievance may commence at Step 2 of the grievance procedure within thirty (30) days of the date on which the suspension occurred, or within thirty (30) days of the employee receiving notice of suspension.

9.12 Deviation from Grievance Procedure

The Employer agrees that, after a grievance has been initiated by the Union, the Employer's representative will not enter into discussion or negotiation with respect to the grievance, either directly or indirectly, with the aggrieved employee without the consent of the Union. In the event that after having initiated a grievance through the grievance procedure, an employee endeavours to pursue the same grievance through any other channel, then the Union agrees that, pursuant to this Article, the grievance shall be considered to have been abandoned.

9.13 Policy Grievance

Where either Party disputes the general application, interpretation or alleged violation of an article of this Agreement, the dispute shall be discussed initially with the Employer or the Union, as the case may be, within thirty (30) days of the occurrence.

Where no satisfactory agreement is reached, either Party may submit the dispute to arbitration, as set out in Article 10.

9.14 Technical Objections to Grievances

It is the intent of both Parties of this Agreement that no grievance shall be defeated merely because of a technical error, other than time limitations in processing the grievance through the grievance procedure. To this end, an arbitration board shall have the power to allow all necessary amendments to the grievance and the power to waive formal procedural irregularities in the processing of a grievance, in order to determine the real matter in dispute and to render a decision according to equitable principles and the justice of the case.

9.15 Management Grievance

The Employer may initiate a grievance at Step 3 of the grievance procedure by the Employer or designate presenting the grievance to the President of the Union or designate.

ARTICLE 10 - ARBITRATION

10.1 Notification

Where a difference arises between the Parties relating to the interpretation, application, or administration of this Agreement, including any questions as to whether a matter is arbitrable or where an allegation is made that a term or condition of this Agreement has been violated, either of the Parties may, after exhausting the grievance procedure in Article 9, notify the other Party within thirty (30) days of the receipt of the reply at the third step, of its desire to submit the difference or allegations to arbitration.

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10.2 Appointment of the Arbitrator

When a Party has requested that a grievance be submitted to arbitration, an Arbitrator shall be selected from the agreed upon list outlined in Appendix B.

10.3 Board Procedure

The Arbitrator may determine his own procedure in accordance with the Labour Relations Code and shall give full opportunity to all Parties to present evidence and make representations. She shall hear and determine the difference or allegation and shall make every effort to render a decision within thirty (30) days of his first meeting.

10.4 Decision of Arbitrator

The decision of the Arbitrator shall be final, binding and enforceable on the Parties. The Arbitrator shall have the power to dispose of a dismissal, discharge or discipline grievance by any arrangement, which she deems just and equitable. However, the Arbitrator shall not have the power to change this Agreement or to alter, modify or amend any of its provisions.

10.5 Disagreement on Decision

Should either Party disagree as to the meaning of the Arbitrator's decision, either Party may apply to the Arbitrator to clarify the decision. The Arbitrator shall make every effort to provide written clarification within seven (7) days of receipt of the application.

10.6 Expenses of Arbitrator

Each Party shall pay one-half (½) of the fees and expenses of the Arbitrator.

10.7 Amending Time Limits

The time limits fixed in the arbitration procedure may be altered by mutual consent of the Parties but the same must be in writing.

10.8 Witnesses

At any stage of the grievance or arbitration procedure, the Parties may have the assistance of the employee(s) concerned as witnesses and any other witnesses. All reasonable arrangements will be made to permit the concerned Parties or the Arbitrator(s) to have access to the Employer's premises to view any working conditions, which may be relevant to the settlement of the grievance.

10.9 Expedited Arbitration

(a) The Parties may by mutual agreement refer to expedited arbitration any outstanding grievances considered suitable for this process, and shall set dates and locations for hearings of groups of grievances considered suitable for expedited arbitration.

(b) All grievances shall be considered suitable for and resolvable by expedited arbitration except grievances in the nature of:

(1) dismissals; (2) rejection on probation; (3) suspensions in excess of twenty (20) workdays; (4) policy grievances; (5) grievances requiring substantial interpretation of a provision of the Collective

Agreement; (6) grievances requiring presentation of extrinsic evidence; (7) grievances where a Party intends to raise a preliminary objection; and (8) demotions.

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By mutual agreement a grievance falling into any of these categories may be placed into the expedited arbitration process.

(c) The Parties shall mutually agree upon single Arbitrators who shall be appointed to hear and resolve groups of grievances.

(d) The Arbitrator shall hear the grievances and shall render a decision within two (2) working days of such hearings. No written reasons for the decision shall be provided beyond that which the Arbitrator deems appropriate to convey a decision.

(e) Expedited arbitration awards shall be of no precedential value and shall not thereafter be referred to by the Parties in respect of any other matter.

(f) All settlements of expedited arbitration cases prior to hearing shall be without prejudice.

(g) A grievance determined by either Party to fall within one of the categories listed in (b) above may be removed from the expedited arbitration process at any time prior to hearing and forwarded to a regular arbitration hearing pursuant to Article 10.3.

(h) The Parties shall equally share the cost of the fees and expenses of the Arbitrator and hearing rooms.

ARTICLE 11 - DISMISSAL, SUSPENSION AND DISCIPLINE

11.1 Procedure

In the event that the Employer initiates disciplinary action against an employee that may result in her suspension or discharge, the procedure outlined herein shall be followed.

11.2 Dismissal and Suspension

(a) The Employer may dismiss or suspend for just cause any employee who has completed her probationary period. Notice of dismissal or suspension shall be in writing and shall set forth the reasons for dismissal or suspension and an employee shall have the right to have a steward present, providing that this does not result in an undue delay of the appropriate action being taken. A copy of the written notice of dismissal or suspension shall be forwarded to the President of the Union or the designated staff representative within five (5) working days.

(b) A suspension of indefinite duration shall be considered a dismissal under 11.2(a) above as soon as it exceeds twenty (20) days and any grievance already filed shall be considered henceforth as a dismissal grievance.

11.3 Burden of Proof

In all cases of discipline, the burden of proof of just cause shall rest with the Employer.

11.4 Right to Grieve Other Disciplinary Action

(a) Disciplinary action grievable by the employee shall include written censures, letters of reprimand and adverse reports or employee appraisals.

(b) An employee shall be given a copy of any document, report, incident, or notation placed on the employee's file which might be the basis of disciplinary action.

(c) Should an employee dispute any such entry in her file, she shall be entitled to recourse through the grievance procedure and the eventual resolution thereof shall become part of her personnel record.

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(d) Upon the employee's written request, any such document, other than official evaluation reports, shall be removed from the employee's file after the expiration of eighteen (18) months from the date it was issued provided there has not been a further infraction.

(e) The Employer agrees not to introduce as evidence in any hearing any document from the file of an employee, the existence of which the employee was not aware at the time of filing

11.5 Evaluation Reports

Where a formal evaluation of an employee's performance is carried out, the employee shall be given sufficient opportunity after the interview to read and review the evaluation. Provision shall be made on the evaluation form for an employee to sign it. The form shall provide for the employee's signature in two places, one indicating that the employee has read and accepts the evaluation, and the other indicating that the employee disagrees with the evaluation. The employee shall sign in only one of the places provided. No employee may initiate a grievance regarding the contents of an evaluation report unless the signature indicates disagreement with the evaluation. An employee shall, upon request, receive a copy of this evaluation report at the time of signing. An employee evaluation shall not be changed after an employee has signed it, without the knowledge of the employee, and any such changes shall be subject to the grievance procedure of this Agreement.

11.6 Personnel File

(a) An employee, or the President of the Union or her designate, with written authority of the employee, shall be entitled to review an employee's personnel file, exclusive of employee references. The file shall be reviewed in the place where the file is normally kept and in the presence of a designated management representative. The Employer will provide copies of file entries as requested. The employee or the President, as the case may be, shall give the Employer five (5) working days notice prior to having access to such information.

(b) Personnel files will be kept confidential and access will be given only to those supervisory personnel that require the information in the course of their duties.

11.7 Right to Have Union Representative Present

(a) An employee shall have the right to have her steward present at any discussion with supervisory personnel which the employee believes might be the basis of disciplinary action. Where a supervisor intends to interview an employee for disciplinary purposes, the supervisor shall make every effort to notify the employee in advance of the purpose of the interview in order that the employee may contact her steward, providing that this does not result in an undue delay of the appropriate action being taken. This clause shall not apply to those discussions that are of an operational nature and do not involve disciplinary action.

(b) A steward shall have the right to consult with a Staff Representative of the Union and to have a local Union Representative present at any discussion with supervisory personnel which the steward believes might be the basis of disciplinary action against the steward, providing that this does not result in a undue delay of the appropriate action being taken.

11.8 Abandonment of Position

An employee who fails to report for duty for three (3) consecutive working days without informing the Employer of the reason for her absence will be presumed to have abandoned his position. An employee shall be afforded the opportunity within ten (10) working days to rebut such presumption and demonstrate that there were reasonable grounds for not informing the Employer.

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11.9 Probation for Newly Hired Employees

(a) The Employer may reject a probationary employee for just cause. A rejection during probation shall not be considered a dismissal for the purpose of Article 11.2 of this Agreement. The test of just cause for rejection shall be a test of suitability of the probationary employee for continued employment in the position to which she has been appointed, provided that the factors involved in suitability could reasonably be expected to affect work performance.

(b) The probationary period for supervisory and professional employees registered by a recognized association, shall be six (6) months worked. The probationary period for all other employees shall be three (3) months worked or the equivalent number of hours worked as based on the normal hours of work of a full-time employee, whichever occurs last.

(c) The Employer, with the agreement of the Union, may extend the probationary period for a further period not to exceed three months worked, based on the normal hours of work of a full-time employee.

(d) Where an employee feels she has been aggrieved by the decision of the Employer to reject the employee during the probationary period, she may grieve the decision pursuant to the grievance procedure outlined in Article 9 of this Agreement commencing at Step 3.

11.10 Employee Investigations

(a) The Parties agree that in certain situations it may be in the best interest of both clients and employees that employees be reassigned or removed from all job sites during an investigation of conduct. In cases where an employee cannot be reassigned, then the employee shall be considered to be on leave of absence without loss of pay until the Employer has determined there is a prima facie case for imposing discipline.

(b) The Employer will make every effort to complete its investigation within fourteen (14) days.

(c) The Employer will notify the President of the Union or her designate when an investigation of conduct has been initiated. Any employee who is interviewed in the course of an investigation shall have the right to Union representation at such an interview.

ARTICLE 12 - SENIORITY

12.1 Seniority Defined

"Seniority" shall be defined as the length of the employee's continuous employment with the Employer, including service prior to the signing of this Agreement. Full-time employees shall be credited with seniority equivalent to their length of continuous employment. Part-time employees shall be credited with seniority based on all straight-time hours paid by the Employer.

12.2 Seniority List

(a) The Employer will prepare once every six (6) months an up-to-date seniority list containing the following information pertaining to its regular employees:

(1) employee's name (2) employee's seniority (3) employee's current classification

(b) The regular seniority list shall be posted by the Employer for thirty (30) days. Any objection to the accuracy of the information contained therein must be submitted in writing to the Employer during the said posting period. Thereafter, the posted list will be deemed to be valid and correct for all purposes.

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(c) The Employer will provide the Union and the Bargaining Unit Chairperson with a copy of the seniority list upon request.

12.3 Loss of Seniority

An employee shall not accrue seniority when on leave of absence without pay for leave periods over thirty (30) days' duration. An employee shall continue to accrue seniority if she is absent from work with pay, for leaves under Article 3.9, or being compensated by the Workers' Compensation Board or ICBC for an injury or illness incurred during employment with the Employer. An employee shall lose her seniority only in the event that:

(a) she is discharged for just cause;

(b) subject to 12.5, she voluntarily terminates her employment or abandons her position, as per Article 11.8;

(c) she is on layoff more than one (1) year;

(d) upon being notified by the Employer by registered mail at her last known address that she is recalled from layoff, she fails to contact the Employer within seven (7) days and fails to return to work within fourteen (14) days; or

(e) she is permanently promoted to an excluded position and has passed probation.

12.4 Re-employment

An employee who resigns her position and within sixty (60) days is re-employed, shall be granted a leave of absence without pay covering those days absent and shall retain all previous rights in relation to seniority and other fringe benefits subject to any benefit plan eligibility requirements.

12.5 Bridging of Service

If a regular employee resigns after the signing of this Agreement as a result of a decision to care for a dependent child or dependent children, spousal illness or disability, or an aging parent and is re-employed, upon application she shall be credited with length of service accumulated at time of termination for the purpose of benefits based on service seniority. The following conditions shall apply:

(a) the employee must have been a regular employee with at least three (3) years of service seniority at time of termination;

(b) the resignation must indicate the reason for termination;

(c) the break in service shall be for no longer than six (6) years;

(d) the previous length of service shall not be reinstated until successful completion of the probation period on re-employment.

12.6 Same Seniority Date

When two (2) or more employees have the same seniority and when mutual agreement cannot be reached, then seniority shall be determined by chance.

ARTICLE 13 - LAYOFF AND RECALL

13.1 Definition of a Layoff

"Layoff" is a cessation of employment, or elimination of a job resulting from a reduction of the amount of work required to be done by the Employer, a reduction in hours of work where such a reduction is

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permanent and eliminates an employee's health and welfare benefit entitlement, a reorganization, program termination, closure or other material change in organization.

13.2 Pre-Layoff Canvas

(a) Prior to the layoff of regular employees under 13.3 the Employer may canvass employees in order to invite:

(1) placement into a vacant, regular position in the employee's classification; or

(2) placement into a vacant regular position in another classification for which she is qualified and would not be a promotion; or

(3) placement on the casual call-in and recall lists with no loss of seniority; or

(4) resignation with severance as provided for in Article 13.5.

(b) Where layoff affects a substantial number of employees, the Employer shall canvass the employees pursuant to this Article.

(c) Where an employee selects an option or accepts an offer of placement, once confirmed in writing, such acceptance is final and binding upon the employee and subject to the agreement of the Employer.

(d) Responses from employees to the Pre-Layoff Canvass will only be received by the Employer for consideration if submitted within seven (7) days of issuance of a written notice to the employee or group of employees.

13.3 Layoff

Both Parties recognize that job security shall increase in proportion to length of service. Therefore in the event of a layoff, employees shall be laid off by classification, in reverse order of seniority subject to the following.

(a) The individual with the least seniority will be designated for layoff from the classification within that worksite.

(b) The date the layoff will commence will be identified.

(c) The employee designated for layoff shall be placed into a vacant regular position in their own classification with the equivalent number of hours. If this is not possible, the employee may choose:

(1) placement on the casual call-in and recall lists with no loss of seniority; or

(2) placement into an equivalent vacant regular position providing they are qualified to satisfactorily perform the duties; or

(3) to displace the least senior employee working the equivalent number of hours in the classification identified for layoff, providing they are qualified to satisfactorily perform the duties; or

(4) to displace the least senior employee in another classification with the equivalent hours, provided the employee has previously worked within the Program and they are qualified to satisfactorily perform the duties; or

(5) to displace the least senior employee amongst the group of employees in the same classification whose hours are up to five (5) hours less per week than the displaced employee; providing they are qualified to satisfactorily perform the duties; or

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(6) to displace the least senior employee in another classification, whose hours are up to five (5) hours less per week than the displaced employee, provided the employee has previously worked within the Program and they are qualified to satisfactorily perform the duties.

(d) The above process will apply to employees displaced pursuant to 13.3 (c) above.

(e) Bumping rights must be exercised within five (5) days of notification of layoff by providing written notice to the Executive Director.

(f) Displacements shall not result in a promotion.

13.4 Recall

(a) Employees shall be recalled to available work in order of their seniority provided they are qualified and are able to perform the duties. The notice of recall shall be sent by registered mail. Employees must accept recall within five (5) days of receipt of the registered mail.

(b) The recall period shall be one (1) year.

(c) New employees shall not be hired until those laid off in that classification have been given an opportunity of recall.

13.5 Advance Notice and Severance Pay

The Employer shall provide written notice and/or pay in lieu of notice to a regular employee who is to be laid off prior to the effective date of layoff according to one of the following provisions:

(a) (1) one (1) week's notice and/or pay in lieu of notice after three (3) consecutive months of employment; or

(2) two (2) weeks' notice and/or pay in lieu of notice after twelve (12) consecutive months of employment; or

(3) three (3) weeks' notice and/or pay in lieu of notice after three (3) consecutive years of employment, plus one (1) additional week for each additional year of employment, to a maximum of eight (8) weeks’ notice and/or pay in lieu of notice.

(b) Severance pay will be prorated for permanent part-time service.

(c) Severance pay will not be paid where the employee is terminated for just cause.

13.6 Grievance on Layoffs and Recalls

Grievances concerning layoffs and recalls shall be initiated at Step 2 of the grievance procedure.

13.7 Worksite Closure

Where the Employer closes a worksite or discontinues a Program, the Employer will consult with the Union. Following consultations, where the Employer offers positions to all or part of the staff affected, the following shall apply:

(a) Those employees who are offered positions shall not have access to Article 13 of this Collective Agreement.

(b) Employees who accept a position and are placed in a lower classification shall not have their salary reduced for a period of three (3) months.

(c) If the downward classification lasts longer than three (3) months, no employee shall suffer more than ten percent (10%) reduction in their basic pay.

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(d) An employee who is classified downward as per (c) above shall be placed in the first vacancy available in her former classification, prior to the application of the recall provisions.

13.8 Employment Security

The following provisions shall be effective October 1, 1999 except that the income continuance provision of Article 13.8(f) will be effective October 1, 2000.

(a) Purpose

(1) Preamble

The Parties recognize the value of maintaining on-going communication and consultation concerning changes to workplace organization. The Parties agree to meet to exchange information with respect to such issues at the request of either Party.

The purpose of the following provisions is to maintain the principle of continuity of client care, to preserve job security, stabilize employment, and to protect as many regular employees as possible from loss of employment.

(2) HLAA Board

The Parties will request the Ministry of Health and the HLAAB and to approve the addition of a position for CSSEA and CUPE in order to deal with social services related issues.

(3) Employment Security

All Union members covered by this Agreement will be protected by employment security as set out in Article 13.8(f).

(4) Enhanced Consultation

The Employer shall notify the Union of any proposed labour adjustment initiative in accordance with the general principles of enhanced consultation.

The Parties shall meet with respect to the proposed initiative and explore a means whereby the matters arising therefrom may be accommodated. Specifically, the Parties shall use their best efforts to achieve the permanent or interim solution, which best meets the needs of the proposed initiative.

(b) Job Training

At the request of either the Employer or the Union, the Parties shall meet to discuss training programs for employees affected by technological change or new methods of operation; or who require general skills upgrading, which may include qualifying for new positions.

(c) Definition of Displacement

Any employee classified as a regular employee shall be considered displaced for the purposes of this document, when her services shall no longer be required as a result of exhausting the Collective Agreement processes.

(d) Process

(1) In the event of reduction resulting from any restructuring, labour adjustment, downsizing initiative, or retendering of a Ministry contract, the Employer, together with the Union, will canvass the bargaining units by means of a notification process to see the degree to which necessary reductions and labour adjustments generally can be accomplished on a voluntary basis, by early retirement, transfer to another Employer, and other voluntary options. In the case of voluntary options, where more employees are interested in an available option than are needed for

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the necessary reductions, the options will be offered to qualified employees on the basis of seniority.

(2) Failing voluntary resolution, positions to be reduced will be identified by the Employer in accordance with the Collective Agreement; then

(i) the Employer shall issue displacement/layoff notices; then

(ii) the employee shall exercise bumping rights to a comparable job with the Employer; then

(iii) if there is no comparable job with the Employer, the employee may exercise bumping rights into a less than comparable job, or may opt to be placed on the regional placement list (registered with HLAA).

(3) The Parties agree that FTE reductions will not result in a workload level that is excessive or unsafe. The Parties acknowledge that a primary means of ensuring that FTEs can be reduced without resulting in an excessive workload or diminishing public access to needed health services is through utilization management.

(e) Transfer and Closures

(1) In the event that services or programs are transferred from one Employer to another the following will apply:

Employees will be transferred with the service or program and will port seniority. An employee can refuse a transfer if:

(i) the transfer is out of the region; or

(ii) the employee has other employment options under the Collective Agreement at the Employer from which the service or program is being transferred, except where the transfer is a result of the closure of the Employer's operations.

(2) The Employer receiving the program will determine the number and category of employees. Where the receiving Employer does not need all the employees in a category, opportunities to transfer will be based on seniority, and remaining employees will be entitled to exercise their rights under the Collective Agreement.

(3) Transferring employees will port seniority and will be protected from further displacement until at least the end of the present Agreement, regardless of the Collective Agreement provisions that would otherwise apply. Note that seniority can not be used to bump employees of another Employer but only becomes ported after the employee moves into an existing vacancy.

(4) In the case of the closure of an Employer casual employees with more than three thousand, nine hundred and fifteen (3915) hours of seniority acquired within the five (5) years prior to the closure announcement will be covered by the provision of this Article.

(f) Employment Security

Displaced employees shall, following the expiration of their notice period under the Collective Agreement, retain employment security for a period of up to twelve (12) months during which time reasonable efforts will be made to place such employees into gainful employment. Displaced employees who refuse placement by the HLAA shall lose their HLAA registration and the employment security period will be terminated. This does not affect the employee's recall rights under the Collective Agreement.

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Effective October 1, 2000, the Employer from which a displaced employee is displaced shall pay the wages and benefits of the displaced employee for the duration of the employment security period. The HLAA shall reimburse the Employer for any portion of the employment security period in excess of six (6) months.

(g) Portability of Seniority

An employee on the placement list maintains and accrues seniority.

Employees hired with the new Employer, either through a transfer or off the placement list, will be dovetailed into the seniority list.

(h) Disputes

Disputes about the interpretation, application, or alleged violation of this Agreement shall be resolved in accordance with the dispute resolution process in Appendix D to this Agreement.

(i) Section 54 of the Labour Relations Code

The Parties agree that the present Agreement fulfils the requirements of Section 54 of the Labour Relations Code.

(j) Definitions

(1) A generally comparable job is defined as follows:

A job with the same Employer, another Employer in the public service, public sector or community sector which is within ten percent (10%) of the rate of pay the displaced employee was receiving at the time of displacement. The rate of pay means a comparison at the top step of the increment scale.

In calculating the ten percent (10%) differential, the Parties must include wages and the following benefits: medical, dental, extended health, group life and long term disability.

Where placement can not be made by the expiration of the layoff notice period, the problem shall be referred to the HLAA, which shall have the authority (after ensuring that all other reasonable options have been exhausted and that no placement opportunities are reasonably foreseeable in the immediate future) to modify the definition of "generally comparable" with respect to that employee in order to increase potential placement opportunities.

(2) A "region" shall be as defined in Appendix E to this Agreement.

ARTICLE 14 - HOURS OF WORK

14.1 Definitions

For the purposes of this Article, "day" means a twenty-four (24) hour period commencing at 00:01 hours, and "week" means a period of seven (7) consecutive days beginning at 00:01 hours Sunday and ending at 24:00 hours the following Saturday.

14.2 Hours of Work

(a) (1) The hours of work of a regular full-time employee will normally be seven (7) to eight (8) hours per day inclusive of a paid meal period and/or an averaged amount biweekly.

(2) Overtime shall apply after eight (8) hours per day, forty (40) hours per week.

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(b) (1) If an employee reports for work at the call of the Employer and is informed upon arrival at work that she is not required to work, the employee shall be entitled to be paid for a minimum of four (4) hours pay at her regular rate.

(2) An employee reporting for work at the call of the Employer shall be paid a minimum of four (4) hours' pay at her regular rate if she commences work.

(c) No employee shall be scheduled for more than five (5) consecutive days without receiving two (2) consecutive days off unless otherwise agreed by the Parties to this Agreement.

(d) Notwithstanding (c), employees may request, in writing, to be scheduled up to six (6) days in a week so as to pick up additional hours up to the maximum hours listed in Clause 14.2(a).

(e) Additional hours up to the allowable straight-time maximum shall be offered to employees by seniority in the following sequential order:

(1) full-time employees (2) part-time employees

Regular employees shall be offered additional hours within their classification and worksite before qualified regular employees at other worksites in that classification. Remaining additional hours shall be offered to qualified regular employees in other classifications.

A regular employee shall receive her current rate of pay for all additional hours worked within her classification. Additional hours shall be used to calculate all benefits of this Collective Agreement except as provided in Article 27. Hours worked in a different classification shall be under the terms and conditions of employment applicable to casual employees, except seniority, where Article 12 shall apply.

(f) Regular employees requesting additional hours must give the Employer written notice of their desire to work additional hours and their availability.

14.3 Rest Periods

(a) All employees shall have two (2) fifteen (15) minute rest periods in each work period in excess of six (6) hours, one (1) rest period to be granted before and one (1) after the meal period.

(b) Employees working a shift of three and one-half (3½) hours, but not more than six (6) hours, shall receive one (1) rest period during such a shift.

(c) Due to the special needs of the clients, employees are required to remain within the general area during rest periods so that they are readily available for safety or emergency situations if needed. Rest periods shall be taken without loss of pay to the employees.

14.4 Meal Periods

(a) Meal periods shall be scheduled as closely as possible to the middle of the workday. The length of the meal period shall be not less than thirty (30) minutes and not more than sixty (60) minutes.

(b) An employee shall be entitled to take her meal period away from the workstation. Where the Employer determines that this cannot be done, the meal period shall be considered as time worked at straight-time. Where employees are required to remain at the worksite during meal periods and a meal is provided to the clients, the meal will also be provided to the employees.

14.5 Flextime

(a) For the purpose of this Agreement, flextime means the hours worked by an employee, or group of employees, who are given authority by the Employer to:

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(1) choose their starting and finishing times; and

(2) choose their length of workday within a stated maximum number of hours, subject to meeting the required annual hours of work in accordance with this Agreement, through a specified averaging period.

(b) The full-time employee on flextime who has a day of absence, whether with or without pay, will be deemed to be absent for seven (7) to eight (8) hours, providing at least seven (7) to eight (8) hours are required to complete the averaging period. If less than seven (7) to eight (8) hours are required to complete the averaging period, such number of hours will be deemed to be the hours of absence.

(c) The averaging period for those employees on flextime shall be seventy (70) to eighty (80) hours per two (2) week period.

(d) The workday for those employees on flextime shall not exceed ten (10) hours.

14.6 Staff Meetings

Employees who are required to attend staff meetings shall be paid their appropriate rate of pay. When the meeting is voluntary, the employee has no obligation to attend.

14.7 On Call

(a) Employees required to be on-call shall be paid one dollar ($1.00) per hour, or portion thereof.

(b) The minimum on-call requirement shall be four (4) consecutive hours.

(c) Should the Employer require an employee to have a pager, beeper or a cellular phone available during their on-call period, then all related expenses for such device shall be the responsibility of the Employer.

ARTICLE 15 - SHIFTS

15.1 Exchange of Shifts

Employees may exchange shifts with the approval of the Employer, provided that whenever possible, sufficient advance notice in writing is given and provided that there is no increase in cost to the Employer.

15.2 Shortfall of Shifts

There shall be no pay back for shortfall of annual working hours in the shift systems.

15.3 Split Shifts

[Refer to Memorandum of Agreement #4 re: Article 15.3, Split Shifts.]

It is understood that there shall be no regularly scheduled "split shifts".

Employees shall have the right to refuse split shifts except in emergency situations.

ARTICLE 16 - OVERTIME

16.1 Definitions

(a) "Overtime" means work authorized by the Employer and performed by an employee in excess of:

(1) the scheduled daily hours of a full-time employee;

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(2) the maximum daily hours for those employees on flextime; or (3) the agreed averaging period.

(b) "Straight-time rate" means the hourly rate of remuneration.

(c) "Time and one-half" means one and one-half times the straight-time rate.

(d) "Double time" means twice the straight-time rate.

(e) "Double time and one-half" means two and one-half times the straight-time rate.

16.2 Overtime Entitlement

Overtime entitlement shall be calculated in thirty (30) minute increments; however, employees shall not be entitled to any compensation for periods of overtime of less than fifteen (15) minutes per day.

16.3 Recording of Overtime

Employees shall record starting and finishing times for overtime worked on a form determined by the Employer.

16.4 Sharing of Overtime

Overtime work shall be allocated equitably within a worksite.

16.5 Overtime Compensation

Employees requested to work in excess of the normal daily full shift hours as outlined in Article 14.2, or who are requested to work on their scheduled day of rest, shall be paid:

(a) time and one-half for the first three (3) hours [two (2) hours effective October 1, 2001] of overtime on a regularly scheduled workday;

(b) double time for hours worked in excess of the three (3) hours [two (2) hours effective October 1, 2001] referred to in (a) above;

(c) double time for all hours worked on a scheduled day of rest.

The compensation of overtime in (a) and (b) is to be on a daily basis and not cumulative.

The Employer and the Union recognize that the nature of the work carried out by employees in some classifications is such that it may not be possible for the employee to obtain prior authorization for the necessary overtime work. In order to facilitate a fair and reasonable administration of this clause, the Employer will draw up a policy defining the circumstances under which employees working in specific positions may undertake overtime work without prior authorization. A copy of the policy will be provided to the Union.

16.6 No Layoff to Compensate for Overtime

Employees shall not be required to layoff during regular hours to equalize any overtime worked.

16.7 Right to Refuse Overtime

All employees shall have the right to refuse to work overtime, except when required to do so in emergency situations, without being subject to disciplinary action for so refusing.

16.8 Call Back Provisions

Employees called back to work on their regular time off shall be paid a minimum of three (3) hours overtime at the applicable rate, or shall be paid at the applicable rate for the time worked, whichever is greater.

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These employees shall receive a transportation allowance based on the cost of taking a taxi from their home to the Employer's place of business and return or, if the employee normally drives her automobile to work the vehicle allowance from the employee's home to the Employer's place of business and return. The minimum allowance shall be two dollars ($2.00).

16.9 Rest Interval

An employee required to work overtime beyond her regularly scheduled shift shall be entitled to eight (8) clear hours between the end of the overtime worked and the start of her next regular shift. If eight (8) clear hours are not provided, overtime rates shall apply to all hours worked on the regular shift, which fall within the eight (8) hour period.

16.10 Overtime for Part-time Employees

(a) A part-time employee working less than the normal hours per day of a full-time employee, and who is required to work longer than her regular working day, shall be paid at the rate of straight-time for the hours so worked, up to and including the normal hours in the working day of a full-time employee.

(b) A part-time employee working less than the normal days per week of a full-time employee, and who is required to work other than her regularly scheduled workdays, shall be paid at the rate of straight-time for the days so worked up to and including the normal workdays in the workweek of a full-time employee.

(c) Overtime rates shall apply to hours worked in excess of (a) and (b) above.

16.11 Dependent Care Expenses for Overtime

When the Employer directs an employee to work overtime, the Employer shall pay for any dependent care expenses incurred by the employee. Such expenses to be the dependent care expenses normally paid by the employee.

16.12 Authorization of Overtime

An employee who is required to work overtime shall be entitled to overtime compensation when the overtime worked is authorized in advance by the Employer. It is understood that, in emergency situations, prior authorization may not be possible.

Employees working in more than one program are obligated to inform the Employer or designate and receive approval if they are asked to work hours that would result in overtime.

16.13 Compensatory Time Off

Employees entitled to overtime compensation will receive time off in lieu of being paid within sixty (60) days of overtime earned. If such time cannot, for operational reasons, be scheduled within sixty (60) days, the employee will be paid for overtime worked.

ARTICLE 17 - HOLIDAYS

17.1 Paid Holidays

The following shall be designated as paid holidays:

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New Year's Day Labour Day Good Friday Thanksgiving Day Easter Monday Remembrance Day Victoria Day Christmas Day Canada Day Boxing Day British Columbia Day

Any other holiday proclaimed as a holiday by the federal government or the government of the province of British Columbia shall also be a paid holiday. 17.2 Holiday Falling on Saturday or Sunday

For an employee whose normal workweek is from Monday to Friday and when any of the above-noted holidays falls on a Saturday and is not proclaimed as being observed on another day, the following Monday shall be deemed to be the holiday for the purpose of the Agreement. When a holiday falls on a Sunday and it is not proclaimed as being observed on another day, the following Monday (or Tuesday, where the preceding section already applies) shall be deemed to be the holiday for the purpose of the Agreement.

17.3 Holiday Falling on a Day of Rest

When a paid holiday falls on a regular full-time employee's day of rest, the employee shall be entitled to a day off in lieu of the holiday.

17.4 Working on a Designated Lieu Day

If a regular full-time employee is called to work on a day designated as the lieu day, the employee shall be compensated at time-and-a-half for all hours worked.

17.5 Holiday Falling on a Workday

An employee who is required to work on a designated holiday shall be compensated at the rate of time-and-one-half. Regular full-time employees shall also receive a day off in lieu.

17.6 Holiday Coinciding With a Day of Vacation

Where a full-time employee is on vacation leave and a day of paid holiday falls within that period, the paid holiday shall not count as a day of vacation.

17.7 Christmas Day or New Year's Day Off

The Employer agrees to make every reasonable effort to ensure that employees required to work shifts shall have at least Christmas Day or the following New Year's Day off.

17.8 Paid Holiday Pay

Payment for holidays will be made at an employee's basic pay, except if an employee has been working in a higher paid position than her regular position for a majority of the sixty (60) working days preceding her holiday, in which case she shall receive the higher pay.

17.9 Holiday Pay for Part-Time Employees

Regular part-time employees shall receive four point two percent (4.2%) of straight-time pay instead of a day off with pay.

17.10 Religious Holidays

An employee shall have the option of working Boxing Day and Easter Monday if her worksite is open in exchange for two (2) paid days off to observe religious holidays other than those referenced in

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Article 17.1. Employees exercising this option shall not be entitled to compensation pursuant to Article 17.5 on Boxing Day and Easter Monday and shall provide written proof of membership in a bona fide, recognized religion and shall provide the Employer with the dates of the alternative two (2) days for which leave will be requested. It is understood that this clause involves no increased costs to the Employer.

ARTICLE 18 - ANNUAL VACATIONS

18.1 Annual Vacation Entitlement

The Employer's current practice with respect to the vacation year shall be maintained.

Definitions:

“Vacation year” – for the purposes of this Article a vacation year shall be the calendar year commencing January 1st and ending December 31st.

“First vacation year” – the first vacation year is the calendar year in which the employee’s first anniversary of employment falls.

Effective October 1, 1999, regular employees shall earn vacation entitlement as follows:

(a) Up to one (1) years continuous service – four percent (4%) of straight-time earnings or equivalent time off with pay

(b) After one (1) year's continuous service – fifteen (15) working days’ vacation, based on six percent (6%) of straight-time pay

(c) After three (3) years’ continuous service – sixteen (16) working days’ vacation, based on six point four percent (6.4%) of straight-time pay

(d) After four (4) years’ continuous service – seventeen (17) working days’ vacation, based on six point eight percent (6.8%) of straight-time pay

(e) After five (5) years’ continuous service – eighteen (18) working days’ vacation, based on seven point two percent (7.2%) of straight-time pay

(f) After six (6) years’ continuous service – nineteen (19) working days’ vacation, based on seven point six percent (7.6%) of straight-time pay

(g) After seven (7) years’ continuous service – twenty-two (22) working days’ vacation, based on eight point eight percent (8.8%) of straight-time pay

(h) After eight (8) years’ continuous service – twenty-three (23) working days’ vacation, based on nine point two percent (9.2%) of straight-time pay

(i) After nine (9) years’ continuous service – twenty-four (24) working days’ vacation, based on nine point six percent (9.6%) of straight-time pay

(j) After ten (10) years’ continuous service – twenty-five (25) working day’s vacation, based on ten percent (10%) of straight-time pay

During the first six (6) months of continuous service an employee may, subject to mutual agreement at the local level, take vacation leave which has been earned.

Effective October 1, 2001, Article 18.1 above shall be replaced by the following:

The Employer's current practice with respect to the vacation year shall be maintained.

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(a) New employees who have been continuously employed at least six (6) months prior to the commencement of the vacation year will receive vacation time based on total completed calendar months employed to the commencement date.

New employees who have not been employed six (6) months prior to the commencement of the vacation year will receive a partial vacation after six (6) months service based on the total completed calendar months employed to the commencement date.

(b) Employees with one (1) or more years of continuous service shall have earned the following vacation with pay:

One (1) year’s continuous service ............................. fifteen (15) workdays Two (2) years’ continuous service............................. fifteen (15) workdays Three (3) years’ continuous service........................... sixteen (16) workdays Four (4) years’ continuous service............................. seventeen (17) workdays Five (5) years’ continuous service ............................. eighteen (18) workdays Six (6) years’ continuous service............................... nineteen (19) workdays Seven (7) years’ continuous service........................... twenty-two (22) workdays Eight (8) years’ continuous service............................ twenty-three (23) workdays Nine (9) years’ continuous service ............................ twenty-four (24) workdays Ten (10) years’ continuous service ............................ twenty-five (25) workdays Eleven (11) years’ continuous service ....................... twenty-six (26) workdays Twelve (12) years’ continuous service ...................... twenty-seven (27) workdays Thirteen (13) years’ continuous service..................... twenty-eight (28) workdays Fourteen (14) years’ continuous service .................... twenty-nine (29) workdays Fifteen (15) years’ continuous service....................... thirty (30) workdays Sixteen (16) years’ continuous service ...................... thirty-one (31) workdays Seventeen (17) years’ continuous service.................. thirty-two (32) workdays Eighteen (18) years’ continuous service .................... thirty-three (33) workdays Nineteen (19) years’ continuous service.................... thirty-four (34) workdays Twenty (20) years’ continuous service ...................... thirty-five (35) workdays

18.2 Vacation Preference

(a) Preferences in the selection and allocation of vacation time shall be determined on the basis of service seniority within each work unit.

(b) An employee shall be entitled to receive her vacation in an unbroken period. Employees wishing to split their vacation shall exercise seniority rights in the choice of their first vacation period. Seniority shall prevail in the second vacation period, but only after all other "first" vacation periods have been posted. Seniority shall also prevail in further choices in the same manner.

(c) Regular vacations shall have priority over vacation time carried over under the provisions of Article 18.4.

18.3 Vacation Pay

Upon twenty-one (21) days' written notice, a regular employee shall be entitled to receive, prior to commencement of a vacation, a payroll advance equivalent to the amount of her regular paycheque issued during the vacation period.

18.4 Vacation Carry Over

(a) A regular employee may carry over up to five (5) days vacation leave per year except that such vacation carryover shall not exceed ten (10) days at any time. An employee shall not receive pay in lieu of vacation time, except upon retirement or termination. All vacation time not requested for scheduling

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or carryover by three (3) months prior to the end of the vacation year will be scheduled by the Employer following consultation with the employee.

(b) A single vacation period, which overlaps the end of a vacation year, shall be considered as vacation for the vacation year in which it commenced. The portion of vacation taken subsequent to but adjoining the end of the vacation year shall not be considered as vacation carryover, nor as a seniority choice for the subsequent vacation year.

(c) Vacation time shall not be cumulative from calendar year to calendar year for employees whose vacation entitlement is equal to or greater than the vacation entitlement set out in the Health Services and Support – Health Facilities Collective Agreement.

18.5 Vacation Schedules

(a) Employees shall submit their vacation requests to their supervisor on or before April 1st for the current vacation year.

(b) An employee who does not exercise her seniority rights within two (2) weeks of receiving the vacation schedule, shall not be entitled to exercise those rights in respect to any vacation time previously selected by an employee with less seniority.

(c) An employee who relocates to another work location where the vacation schedule has already been completed will not be entitled to exercise her seniority rights for that year only. However, every effort shall be made to grant vacation at the time of the employee's choice.

18.6 Vacation Schedule Changes

Vacation schedules, once approved by the Employer, shall not be changed, other than in cases of emergency, except by mutual agreement between the employee and the Employer.

18.7 Vacation Pay Upon Termination

(a) Should an employee’s employment terminate prior to the end of the calendar year, any unearned vacation taken shall be paid back to the Employer and can be deducted from the employee’s final paycheque.

(b) Employees dismissed for cause shall be paid their unused earned vacation allowance pursuant to Article 18.1.

18.8 Vacation Credits Upon Death

Earned but unused vacation entitlement shall be made payable, upon termination due to death, to the employee's beneficiary, or where there is no beneficiary, to the employee's estate.

18.9 Approved Leave of Absence With Pay During Vacation

When an employee is qualified for bereavement leave, sick leave or any other approved leave with pay during her vacation period, there shall be no deduction from the vacation credits for such leave. In the case of sick leave, this section shall only apply when the period of illness or injury is in excess of two (2) days and a note from a physician may be required. The period of vacation so displaced shall be taken at a mutually agreed time. An employee intending to claim displaced vacation leave must advise the Employer and provide necessary documentation within seven (7) days of returning to work.

18.10 Call Back on Vacation

(a) Employees who have commenced their annual vacation shall not be called back to work, except in cases of extreme emergency.

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(b) When, during any vacation period, an employee is recalled to duty, she shall be reimbursed for all reasonable expenses incurred by herself, in proceeding to her place of duty and in returning to the place from which she was recalled upon resumption of vacation, upon submission of receipts to the Employer.

(c) Time necessary for travel in returning to her place of duty and returning again to the place from which she was recalled shall not be counted against her remaining vacation time.

18.11 Banked Vacation

Once every five (5) years an employee may bank one (1) full year's vacation entitlement to be taken in conjunction with next year's vacation. For the purposes of this clause, all vacation in the second year must be taken consecutively.

18.12 Conversion of Hours

Where an employee's regular scheduled workday is greater than those outlined in Article 14.2, annual earned vacation shall be converted to hours on the basis of the normal full-time daily hours of work outlined in 14.2, and deducted based on the number of hours taken as vacation leave in accordance with the employee's work schedule.

ARTICLE 19 - SICK LEAVE

19.1 Sick Leave Credits

(a) Premium Reduction

The following sick leave provision may be varied by mutual agreement between the Union and the Employer in the event further Employment Insurance premium reductions for eligible sick leave plans are attainable under the Employment Insurance Act.

(b) Sick Leave Credits (Effective October 1, 1999)

Regular employees who have completed their probationary period shall accrue sick leave credits at the rate of one point two five (1.25) days [effective April 1, 2002 – one point five (1.5) days] per month to a maximum of fifty-six (56) days [effective April 1, 2002 – one hundred fifty-six (156) days]. Upon completion of their probationary period, an employee shall be credited with sick leave back to the employee's starting date. Upon request, an employee shall be advised in writing of the balance of her sick leave credits.

(c) All sick leave credits are cancelled when an employee's employment is terminated.

19.2 Employee to Inform Employer

The employee shall inform the Employer as soon as possible of her inability to report to work because of illness or injury. The employee shall make every reasonable effort to inform the Employer of the return to duty in advance of that date.

19.3 Conversion of Hours

Where an employee's regular scheduled workday is greater than those outlined in Article 14.2, sick leave shall be converted to hours on the basis of the normal full-time daily hours of work outlined in 14.2, and deducted based on the number of hours taken as sick leave in accordance with the employee's work schedule.

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19.4 Ineligible for Sick Leave

An employee is not eligible for sick leave with pay for any period which starts after the date she is on leave of absence without pay, under suspension, on layoff, on strike or lockout.

19.5 Sick Leave Records

Upon request, an employee shall be advised of the balance of her sick leave credits.

ARTICLE 20 - SPECIAL AND OTHER LEAVE

20.1 Compassionate Leave

Compassionate leave of absence of three (3) days with pay shall be granted to a regular employee at the time of notification of death, upon application to the Employer, in the event of a death of a member of the employee’s immediate family. This shall include parent (or alternatively step-parent or foster-parent), spouse, common-law spouse, child, step-child, brother, sister, father-in-law, mother-in-law, grandparent, grandchild, legal guardian, ward and relative permanently residing in the employee’s household or with whom the employee permanently resides. Up to an additional two (2) days with pay may be taken associated with travel.

Such compassionate leave shall be granted to employees who are on other paid leaves of absence, including sick leave and annual vacations. When compassionate leave of absence with pay is granted, any concurrent paid leave credits used shall be restored.

Compassionate leave of absence with pay shall not apply when an employee is on an unpaid leave of absence.

20.2 Special Leave

Effective October 1, 2001, where leave from work is required, a regular employee who has completed probation shall be entitled to special leave at her regular rate of pay to a maximum of ten (10) days per year for the following:

(a) Marriage of the employee .............................................................. five (5) days

(b) Birth or adoption of the employee's child ...................................... one (1) day

(c) Serious household or domestic emergency including illness in the employee's immediate family where no one in the employee's home other than the employee can provide for the care of the ill immediate family member .......................... up to two (2) days

20.3 Full-time Union or Public Duties

The Employer shall grant, on written request, leave of absence without pay:

(a) for employees to seek election in a municipal, provincial, or federal election, for a maximum period of ninety (90) days;

(b) for employees selected for a full-time position with the Union or any body to which the Union is affiliated for a period of one (1) year;

(c) for employees elected to a public office for a maximum period of five (5) years;

(d) for an employee elected to the position of President or Secretary-Treasurer of the B.C. Government and Service Employees' Union, the leave shall be for a period of two (2) years and shall be renewed upon request of the Union.

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20.4 Leave for Court Appearances

(a) The Employer shall grant paid leave to employees, other than employees on leave without pay, who serve as jurors or witnesses in a court action, provided such court action is not occasioned by the employee's private affairs.

(b) In cases where an employee's private affairs have occasioned a court appearance, such leave to attend at court shall be without pay.

(c) An employee in receipt of her regular earnings while serving at court shall remit to the Employer all monies paid to him by the court, except travelling and meal allowances not reimbursed by the Employer.

(d) In the event an accused employee is jailed pending a court appearance, such leave of absence shall be without pay.

(e) For all the above leaves, the employee shall advise her supervisor as soon as she is aware that such leave is required.

20.5 Elections

Any employee eligible to vote in a federal, provincial or municipal election or a referendum shall have four (4) consecutive clear hours during the hours in which the polls are open in which to cast her ballot.

20.6 General Leave

(a) Notwithstanding any provision for leave in this Agreement, the Employer may grant leave of absence without pay to an employee requesting such leave. Approval shall not be withheld unjustly.

(b) Upon return from leave of absence, the employee will be placed in her former or equivalent position.

20.7 Health and Welfare Benefits While on Unpaid Leave of Absence

The Employer will continue to pay its share of the applicable health and welfare benefits for a maximum of twenty (20) work shifts in any calendar year. For any leave of absence or accumulation of leaves of absence in excess of twenty (20) work shifts in any calendar year, benefit coverage may be continued by the employee, provided the employee pays, in advance, the monthly cost of all the benefit premiums to the Employer in accordance with the procedures outlined by the Employer.

ARTICLE 21 - MATERNITY AND PARENTAL LEAVE

Employees are eligible for unpaid leave of absence from employment subject to the conditions in this Article. Every employee who intends to take a leave of absence under this Article shall give at least four (4) weeks notice in writing to the Employer unless there is a valid reason why such notice cannot be given and shall inform the Employer in writing of the length of leave intended to be taken.

Each employee who wishes to change the effective date of approved leave shall give four (4) weeks notice of such change unless there is a valid reason why such notice cannot be given.

21.1 Maternity Leave

(a) The employee will be granted leave for a period not longer than seventeen (17) weeks.

(b) The period of maternity leave shall commence not earlier than eleven (11) weeks before the expected date of delivery and end no earlier than six (6) weeks following the actual date of birth unless the employee requests a shorter period.

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(c) A request for shorter period under Clause 21.1(b) must be given in writing to the Employer at least one (1) week before the date that the employee indicates she intends to return to work, and the employee must furnish the Employer with a certificate of a physician stating that the employee is able to resume work.

(d) The Employer shall, upon the request of the employee, modify the commencement of maternity leave for any period approved in writing by a qualified medical practitioner.

(e) An employee may be required to commence a maternity leave where the duties of the employee cannot reasonably be performed because of the pregnancy and to continue the leave of absence until the employee provides a certificate from a medical practitioner stating that she is able to perform her duties.

(f) Maternity leave may be extended for up to an additional six (6) months for health reasons where a medical practitioner's certificate is presented.

21.2 Parental Leave

(a) Upon application, an employee shall be granted leave of absence for up to thirty-seven (37) weeks following the birth or adoption of the employee's child. The employee shall have to furnish a medical certificate or other evidence stating the date of birth of the child or, where applicable, proof of adoption.

(b) Where both parents are employees of the Employer, the employees shall determine the apportionment of the thirty-seven (37) weeks' parental leave between them.

(c) Upon application, employees shall be granted parental leave as follows:

(1) in the case of the natural mother, commencing immediately following the end of the maternity leave under Article 21;

(2) in the case of the natural father, commencing within the fifty-two (52) week period following the birth of the child;

(3) in the case of an adopting parent, commencing within the fifty-two (52) week period following the date the adopted child comes into the actual care and custody of the parent.

(d) If the child suffers from a physical, psychological, or emotional condition, the employee is entitled to an additional period of parental leave of up to five (5) weeks. The employee's doctor or the agency that placed the child must certify that such an additional period of parental leave is required.

21.3 Leave without Pay

All leave taken under Article 21 is leave without pay.

21.4 Aggregate Leave

The aggregate amount of leave of absence from employment that may be taken by an employee under Article 21.1 and 21.2 in respect of the birth or adoption of any one child shall not exceed fifty-two (52) weeks, except as provided under Article 21.1(f) and/or 21.2(d). Where an employee is granted total maternity leave under Articles 21.1(a) and 21.1(f) of greater than fifty-two (52) weeks, the employee shall not be entitled to parental leave under Article 21.2.

21.5 Return from Leave

(a) On return from leave, an employee shall be placed in her former position. Where the former position does not exist, the employee shall be placed in an equivalent position.

(b) Vacation entitlement, not vacation pay, shall continue to accrue while an employee is on leave pursuant to 21.1 or 21.2.

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21.6 Benefit Plan

If an employee maintains coverage for benefit plans while on maternity or parental leave, the Employer agrees to pay the Employer's share of these premiums.

21.7 Seniority Rights on Reinstatement

(a) An employee who returns to work after the expiration of the maternity and/or parental leave shall retain the seniority she had accrued immediately prior to commencing the leave and shall be credited with seniority for the period covered by the approved leave.

(b) The employee shall be deemed to have resigned on the date upon which her leave commenced if an application for re-employment is not made within one (1) month prior to the expiration of the leave or if she does not return to work after having applied for re-employment.

21.8 Sick Leave Credits

Prior to the commencement of maternity leave, illness arising due to pregnancy may be covered by normal sick leave.

ARTICLE 22 - SAFETY AND HEALTH

22.1 Conditions

The Union and the Employer agree that regulations made pursuant to the Workers' Compensation Act or any other statute of the Province of British Columbia pertaining to the working environment shall be fully complied with. First aid kits shall be supplied in accordance with this section.

22.2 Working Environment

The Parties agree that a safe and clean working environment is essential in order to carry out work assignments in a satisfactory manner.

It will be the Employer's responsibility to ensure that all working areas and Employer-owned vehicles are maintained in a safe and clean condition.

22.3 Safety Committee

(a) The Employer and the Union agree that policies and guidelines relating to safety and health shall be recommended by the Safety Committee. Unless mutually agreed otherwise, the Committee will meet at least once per month to make recommendations on unsafe, hazardous or dangerous conditions with the aim of preventing and reducing risk of occupational injury and illness.

(b) The Safety Committee shall be notified of each accident or injury and shall investigate and report to the Union and Employer on the nature and cause of the accident or injury.

(c) Committee membership shall be as follows:

(1) the committee shall be comprised of a minimum of two (2) members appointed by the Union and two (2) members appointed by the Employer. In no case will the Employer's members outnumber those of the Union;

(2) a chairperson and secretary shall be elected from and by the members of the committee. Where the chairperson is an Employer member, the secretary shall be an employee member, and vice versa.

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22.4 Unsafe Work

No employee shall be disciplined for exercising her right to refuse to do unsafe work pursuant to Sections 3.12 and 3.13 of the WCB Occupational Health and Safety Regulations.

22.5 Workplace Aggression

Employees who, in the course of their duties, may be exposed to aggressive conduct shall receive training at the Employer's expense in recognizing and handling such episodes.

The Employer shall provide the employee with pertinent information relative to the potential for experiencing physical aggression and/or verbal abuse within any particular workplace. The employee shall be informed of specific instruction on the approach to be taken when providing care for the client.

Immediate debriefing and post-traumatic counselling for individuals who have been physically assaulted will be made available to employees. Where an employee requires time off to attend debriefing it will be without loss of pay.

Employees may request a transfer because of physical aggression or verbal abuse.

Where repeated incidents of physical aggression or verbal abuse occur, the Occupational Health & Safety Committee, after review of the circumstances, may request a review by the Workers' Compensation Board.

22.6 Injury Pay Provision

An employee who is injured on the job during working hours and is required to leave for treatment or is sent home for such injury shall receive payment for the remainder of her shift without deduction from sick leave.

22.7 Transportation of Accident Victims

Transportation to the nearest physician or hospital for employees requiring medical care as a result of an on-the-job accident shall be at the expense of the Employer.

22.8 Employee Check In

Check in procedures will be implemented to ensure the safety of all employees who work alone.

22.9 Communicable Diseases

(a) The Parties to this Agreement share a desire to prevent acquisition and transmission where employees may come into contact with a person and/or possessions of a person with a communicable disease.

(b) Where the Employer is aware of a client with a communicable disease, the Employer shall inform the primary care givers about the inherent risk of the communicable disease.

(c) Where a vaccination is, or may become available as a preventative measure, such vaccination shall be made available to all employees who may be at risk of contracting the disease, at no cost to the employee.

22.10 Protective Clothing and Supplies

The Employer shall supply protective clothing supplies as required by the Workers' Compensation Board.

22.11 Video Display Terminals

The Employer shall ensure that any new office equipment or facility required for use in conjunction with video display terminals shall meet the standards recommended by the Workers' Compensation Board.

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ARTICLE 23 - TECHNOLOGICAL CHANGE

23.1 Definition

"Technological change" means:

(a) the introduction by the Employer into its work, undertaking or business, of equipment or material of a different nature or kind than that previously used by the Employer in that work, undertaking or business; or

(b) a change in the manner, method or procedure in which the Employer carries on its work, undertaking or business that is directly related to the introduction of that equipment or material that significantly decreases the number of regular employees.

(c) Equipment or materials that have been provided or required by a contract in Vocational Services that has been secured by the Employer will not be considered as the introduction of technological change for the purposes of this Article.

Technological change shall not include normal layoffs caused by budget limitations, decreases in the amount of work done or other temporary seasonal or sessional interruptions of work.

23.2 Advance Notice

Sixty (60) days before the introduction of any technological change, the Employer shall notify the Union of the proposed change.

23.3 Discussions

Within fourteen (14) days of the date of the notice under Section 23.2 of this Article, the Union and the Employer shall commence discussions for the purpose of reaching agreement as to the effects of the technological change and in what way, if any, this Agreement should be amended.

23.4 Employment Protection

A regular employee who is displaced from her job by virtue of technological change will be given the opportunity to fill any vacancies existing, in accordance with the Job Posting procedures forming part of this Agreement. An employee may not receive both severance pay and a training period of work at a new position.

23.5 Training

Where technological change may require additional knowledge and skill on the part of regular employees, such employees shall be given the opportunity to study, practice and train to acquire the knowledge and skill necessary to retain their employment, provided the regular employee can qualify for the new position within a training period determined by the Employer. The Employer agrees to pay the cost of such training.

23.6 New Employees

No additional employees required because of technological change shall be hired by the Employer until the employees affected are notified of the proposed technological change and allowed a training period to acquire the necessary knowledge or skill for retaining their employment.

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ARTICLE 24 - PROMOTION AND STAFF CHANGES

24.1 Job Postings

(a) When a vacancy occurs or a new position is created inside the bargaining unit, the Employer shall notify the Union in writing and post notice of the position in the Employer's offices, and on all bulletin boards and Union binders, within seven (7) days of the vacancy or of the new position being established, for a minimum of fourteen (14) calendar days, so that all members will know about the vacancy or new position.

(b) The Employer shall not advertise outside the agency for any position until the end of seven (7) calendar day's internal posting.

(c) Notwithstanding Article 15.3 Split Shifts, prior to posting a regular part-time position consisting of hours that are less than required for benefits as per Article 27, the additional hours will be offered, by seniority, to regular employees who work within the worksite in which the hours are available. Where the hours do not conflict with an employee's regular schedule, the hours shall form part of her ongoing regularly scheduled hours.

24.2 Information in Postings

Such notice shall contain the following information: nature of position, experience, qualifications, wage or salary rate or range, location, shift schedule, hours per week, the closing date, location where applications are to be sent, and whether the employee is required to use her automobile in the performance of her duties. Qualifications may not be established in an arbitrary or discriminatory manner. All job postings shall state, "This position is open to male and female applicants", except where bona fide occupational requirements prevent it. The burden of proof of bona fide exceptions rests with the Employer. All postings shall also state "this position requires Union membership".

24.3 Appointment Policy

In making promotions and transfers, the qualifications and abilities of the employees concerned shall be the primary considerations, and where such factors are relatively equal, seniority shall be the determining factor.

24.4 Transfers

(a) It is understood by the Parties that the employees may request a transfer on a temporary basis, in cases where it is unsafe for the unborn child of a pregnant employee.

(b) In certain other cases, relocation may be in the best interest of the employee and/or the Employer. In such cases, and where bona fide reasons exist, transfers may take place. Other than where Article 11.10 applies, the Employer shall provide written reasons for permanent transfers, a minimum of fifteen (15) days prior to transfer.

24.5 Trial Period

When a vacancy is filled by an existing employee, the employee shall be confirmed in the new position after a period of three (3) calendar months. In the event the applicant proves unsatisfactory in the position during the trial period, the Employer may extend the period for a further three (3) months. If the employee is unable to perform the duties of the new job or if the employee wishes to return to her former position, she shall be returned to her former position and wage/salary rates without loss of seniority. Any other employee promoted or transferred because of rearrangement of positions shall be returned to her former position and wage or salary rate without loss of seniority. The trial period for part-time employees will be equal to three (3) months of full-time; but in any event will not exceed six (6) calendar months.

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24.6 Local Union Observer

The President of the Union or her designate may, upon an applicant's request, sit as an observer on a selection committee for posted positions within the bargaining unit. The observer shall be a disinterested Party.

24.7 Notification

Within seven (7) calendar days of the date of the appointment to a vacant position within the bargaining unit, the name of the successful applicant shall be sent to each applicant from within the bargaining unit.

The Employer agrees, at the request of unsuccessful applicants, to discuss the reasons why they were unsuccessful and areas where they can improve their opportunities for advancement.

(a) Upon written request, unsuccessful applicants from within the bargaining unit shall be given, in writing, the reasons they were unsuccessful.

24.8 Right to Grieve

Where an employee feels that she has been aggrieved by a decision of the Employer related to promotion, demotion or transfer, the employee may grieve the decision at Step 3 of the grievance procedure in Article 9 of this Agreement within seven (7) days of being notified of the results.

24.9 Vacation Letters

Employees who will be absent from duty on vacation, for more than seven (7) calendar days will be entitled to file a letter of preference with their supervisor indicating positions they would accept should a vacancy occur while they are absent. Such letter(s) of preference will only be valid for the duration of the vacation.

24.10 Temporary Vacancies

(a) Vacancies of a temporary nature which exceed or are expected to exceed three (3) months shall be posted as per Article 24.1.

(b) Casual employees may elect to maintain their ten point two percent (10.2%) in lieu of vacation and statutory holidays for the duration of the temporary vacancy they are filling. Successful applicants who fill a temporary vacancy may apply for Article 27, Health and Welfare Benefits for which they are eligible, after three (3) months in the temporary vacancy. Upon completion of the temporary work assignment, the employee's entitlement to the Health and Welfare Benefit plan will cease.

(c) Temporary vacancies shall not exceed twelve (12) months without the agreement of the Union, or as specifically permitted in this Agreement.

24.11 Interviews

An applicant for a posted position with the Employer who is not on a leave of absence without pay and who has been called for an interview shall suffer no loss of basic earnings to attend. Should an employee require a leave of absence from duties for the interview, their supervisor shall be notified as soon as the requirement to appear for an interview is made known.

24.12 Deemed Qualified

If qualifications for a position are changed, current employees are deemed to possess the necessary qualifications for the position or other like positions, provided they possess an equivalent combination of education, training and experience.

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ARTICLE 25 - CAREER DEVELOPMENT

25.1 Purpose

Both Parties recognize that improved client care will result if employees acquire knowledge and skills related to the services provided by the Employer. The provisions of this Article are intended to assist employees in maintaining and improving skills.

25.2 Staff Development Leave

(a) An employee shall be granted leave without loss of pay, at her basic rate of pay, to take courses (including related examinations), conferences, conventions, seminars, workshops, symposiums or similar out-of-service programs, at the request of the Employer. The amount of pay received by an employee shall not exceed the full-time daily hours of work as outlined in Article 14.2.

When such leave is granted, the Employer shall bear the full cost, including tuition fees, entrance or registration fees, laboratory fees, and course-related books. The Employer shall also reimburse the employee for approved travelling, subsistence, and other legitimate, applicable expenses.

(b) An employee may be granted leave without pay, with pay, or leave with partial pay, to take work related courses in which the employee wishes to enroll to acquire the skills necessary to enhance opportunities.

(c) Approval of requests will be given reasonable consideration and leaves pursuant to this Article will be administered in a reasonable manner.

(d) Should the employee noted above terminate her employment for any reason during the six (6) month period following completion of the above-noted leave, the employee shall reimburse the Employer for all expenses incurred by the Employer (i.e. tuition fees, entrance or registration fees, laboratory fees, and course-required books) on a proportionate basis.

ARTICLE 26 - PAYMENT OF WAGES AND ALLOWANCES

26.1 Equal Pay

The Employer shall not discriminate between male and female employees by employing a person of one sex for any work at a rate of pay that is less than the rate of pay at which a person of the other sex is employed for similar or substantially similar work.

26.2 Paydays

(a) Employees shall be paid biweekly.

(b) A comprehensive statement detailing all payments, allowances and deductions shall accompany the paycheque for each period.

26.3 Rates of Pay

(a) Employees shall be paid in accordance with the rates of pay negotiated by the Parties of this Agreement. For information purposes, the applicable rates of pay are recorded as Appendix A to this Agreement.

(b) The distribution of paycheques shall be done in such a manner that the details of the paycheque shall be confidential.

26.4 Substitution Pay

Where an employee is directed by the Employer to perform the principal duties in a higher paying position within the bargaining unit, she shall receive the rate for the job in the case of a single rate

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classification. If a salary range is established, she shall receive the minimum rate of the new salary range or the rate in the new salary range which is the closest step to eight percent (8%) above her current rate, whichever is greater, but not more than the top of the new salary range.

26.5 Rate of Pay on Reclassification or Promotion

When an employee is promoted or reclassified to a higher paying position in the salary schedule, the employee will receive the rate for the position if a single salary, or, in the case of positions on a salary range, will receive the rate in the salary range which is the closest step to eight percent (8%) above her previous rate, or the minimum of the new range, whichever is greater, but not more than the top of the new salary range.

26.6 Pay on Temporary Assignment

An employee temporarily assigned by the Employer to a position with a rate of pay lower than her regular rate of pay shall maintain her regular rate of pay.

26.7 Reclassification of Position

An employee shall not have her salary reduced by reason of a change in the classification of her position that is caused other than by the employee herself.

26.8 Mileage Allowance

(a) An employee who uses her own motor vehicle to conduct business on behalf of and at the request of the Employer shall receive an allowance of thirty-four cents (34¢) per kilometre [Effective October 1, 2001: thirty-six cents (36¢) and effective October 1, 2002: thirty-eight cents (38¢)]. Minimum daily allowance where a claim is to be submitted shall be two dollars ($2.00).

(b) If the employee uses public transportation, the Employer shall reimburse the employee the cost of public transportation for all travel on the Employer's business.

26.9 Meal Allowance

Employees on the Employer's business away from their worksite or out of their region and with the approval of the Employer shall be entitled to reimbursement for meal expenses incurred to the maximum set out below. This article shall not apply to employees who, on a day-to day basis do not work in a fixed location.

Effective October 1, 1999 Effective October 1, 2000 Breakfast $7.00 $8.50 Lunch $8.00 $10.50 Dinner $16.00 $19.25

26.10 Travel Advance

Regular employees who are required to proceed on travel status, shall be provided with an adequate travel advance. The amount of the advance will be determined by such factors as time away from headquarters and the frequency of reimbursement.

26.11 Salary Rate Upon Employment

The hiring rate of pay for a new employee shall not be higher than the rate of pay for an existing employee in the same classification with similar work experience, training and education.

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26.12 Classification Appeal Process

Where an employee believes that her job has been improperly classified, she shall discuss her classification with her immediate Supervisor. On request, the Employer will provide the employee with a written statement of the employee's current job duties.

If the employee continues to believe that her classification is improper, she may indicate an appeal by filing a grievance directly at Step 3 of the grievance procedure as contained in Article 9. The written grievance must indicate which classification contained in the pay schedule of the current Collective Agreement the employee believes is the proper classification for the job.

If, following the response at Step 3, there remains a dispute over the employee's classification, the Union may advance the matter to arbitration under Article 10. The Parties may agree to select an Arbitrator other than those set out on the agreed to list for the purpose of obtaining classification expertise.

ARTICLE 27 - HEALTH AND WELFARE BENEFITS

Effective October 1, 1999, health and welfare plans will be provided through the Health Benefit Trust (HBT). [Refer to Memorandum of Agreement #5 re: Article 27, Health and Welfare Benefits] 27.1 Eligibility

Coverage for a regular employee under these Plans will commence on the first day of the month following the month in which the employee successfully completes her probation period with a maximum of a three (3) month waiting period.

Coverage under the provisions of these plans will apply to regular full-time and regular part-time employees who are scheduled to work fifteen (15) regular hours or more per week.

27.2 Termination

Coverage under these Plans will terminate at the end of the month in which the employee's employment terminates except for Group Life Insurance, which shall terminate thirty-one (31) days following the date of the employee's termination.

27.3 Definition of Spouse and Other Dependants

"Spouse" - includes husband, wife and common-law spouse.

"Common-law spouse" - means two (2) people who have co-habited as spousal partners for a period of not less than one (1) year.

"Dependent child" for the purposes of benefits coverage, means unmarried children until the end of the month in which they attain the age of nineteen (19) years of age if they are mainly dependent on, and living with the employee or their spouse. Coverage may be extended to age twenty-five (25) where the dependant child is a full-time student. Unmarried physically or mentally handicapped children will be covered to any age if they are mainly dependent on and living with the employee or her spouse.

27.4 BC Medical

Effective October 1, 1999:

The Employer shall pay one hundred percent (100%) of the regular monthly premiums for eligible regular employees their spouse, and dependants for medical coverage under the BC Medical Plan.

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27.5 Dental Plan

Effective October 1, 1999:

(Details of Plan identical to Community Health, 1996/98 Agreement EXCEPT Plan A coverage to include provision for cleaning of the teeth (prophylaxis and scaling) every nine (9) months except dependent children (up to age 19) and those with gum disease or other dental problems as approved by the Plan.)

(a) Eligible regular employees shall be provided with a Dental Plan covering one hundred percent (100%) of the costs of the basic plan (Plan A), and fifty percent (50%) of Plan B.

(b) The Dental Plan shall cover employees, their spouses and dependent children, provided they are not enrolled in another plan. The Employer shall pay one hundred percent (100%) of the monthly premiums.

Effective April 1, 2002:

(Details of Plan identical to Health Facilities 1998-2001 Collective Agreement EXCEPT Plan A coverage to include provision for cleaning of the teeth (prophylaxis and scaling) every nine (9) months except dependent children (up to age 19) and those with gum disease or other dental problems as approved by the Plan.)

(a) Eligible regular employees shall be provided with a dental plan covering one hundred percent (100%) of the costs of the basic plan (Plan A), sixty percent (60%) of the costs of the extended plan (Plan B) and sixty percent (60%) of the costs of the orthodontic plan (Plan C). An employee is eligible for orthodontic services under Plan C after twelve (12) months’ participation in the plan. Orthodontic services are subject to a lifetime maximum payment of two thousand, seven hundred and fifty dollars ($2,750) per patient with no run-offs for claims after termination of employment.

(b) The dental plan shall cover employees, their spouses and children provided they are not enrolled in another comparable plan.

(c) The Employer shall pay one hundred percent (100%) of the premium.

27.6 Extended Health Plan

Effective October 1, 1999

(Details of Plan identical to Community Health, 1996/98 Agreement)

(a) Eligible regular employees shall be provided with an Extended Health Plan covering eighty percent (80%) of eligible expenses, twenty-five dollar ($25.00) deductible per person or family.

(b) The Extended Health Plan shall cover employees, their spouses, and dependent children, provided they are not enrolled in another plan. The Employer shall pay one hundred percent (100%) of the monthly premiums.

Effective October 1, 2001:

(Details of Plan identical to Health Facilities 1998-2001 Collective Agreement through the Healthcare Benefit Trust)

(a) The Employer shall pay the monthly premiums for extended health care coverage for employees and their families under the plan.

(b) There will be coverage for eyeglasses and hearing aids. The allowance for vision care will be two hundred twenty-five dollars ($225) every twenty-four (24) months and the allowance for hearing aids will be six hundred dollars ($600) every forty-eight (48) months.

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27.7 Group Life and Accidental Death and Dismemberment

Effective October 1, 1999:

Eligible regular employees shall be provided with Group Life and Accident Coverage. The Plan shall provide ten thousand dollars ($10,000) coverage, until the age of sixty-five (65), and shall include accidental death and dismemberment coverage. After the age of sixty-five (65), the amount of coverage shall decrease to five thousand dollars ($5,000) until the age of seventy (70), at which time the group insurance coverage will cease. The Employer shall pay one hundred percent (100%) of the monthly premiums.

Effective October 1, 2000

(a) The Employer shall provide a group life insurance plan.

(b) The plan shall provide basic life insurance in the amount of twenty-five thousand dollars ($25,000) [effective October 1, 2002: fifty thousand dollars ($50,000)] and standard 24-hour accidental death and dismemberment insurance until age sixty-five (65). After the age of sixty-five (65), the amount of coverage shall decrease to twelve thousand, five hundred dollars ($12,500) [Effective October 1, 2002: twenty-five thousand dollars ($25,000)] until the age of seventy (70), at which time the group insurance coverage will cease. On termination of employment (excluding retirement) coverage shall continue without premium payment for a period of thirty-one (31) days during which time the conversion privilege may be exercised; that is, the individual covered may convert all or part of her group life insurance into any whole life, endowment or term life policy normally issued by the insurer and the insurer's standard rates at the time, without medical evidence.

(c) The Employer shall pay one hundred percent (100%) of the premium.

27.8 Long Term Disability

Effective October 1, 1999 the Employer will provide a long-term disability plan which shall be the plan provided in the Health Facilities Sector. The plan will cover regular employees who have completed their probationary period and will provide such employees who qualify with salary continuation until the age of sixty-five (65) in the event of a qualifying disability. Enrolment in the plan will be voluntary on a bargaining unit by bargaining unit basis. It is understood that a bargaining unit can opt in at a later time. Those opting out will have no LTD plan unless such units already have a plan. The cost of premiums will be cost-shared between the Employer and the employee with the Employer's contribution limited to one (1) percent of the employee's basic earnings.

Effective October 1, 2002, the full cost of premiums will be assumed by the Employer and membership in the plan will be mandatory. This may occur at an earlier date if the experience of the Health Benefits Trust is that demonstrable savings are identified during the term of the Collective Agreement and/or projected demonstrable savings are identified during the term of the Agreement. Any such savings will in the first instance be applied to the reduction or elimination of the employee's contribution for LTD coverage prior to October 1, 2002.

The Executive Director or designate and four Union presidents or designates will forthwith constitute a committee and in consultation with government will review and report on the real and projected savings and possible outcomes. For the purposes of this article any questions as to whether and when savings are accruing, and in what amount during the term of this Agreement, will be adjudicated by Colin Taylor. Without commitment being made, the government will explore with the committee, the possibility of a loan arrangement to facilitate the foregoing.

The sole responsibility of the Employer following implementation of this plan is payment of its share of premiums. Benefit entitlement will be determined solely by the plan administrator.

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ARTICLE 28 - GENERAL CONDITIONS

28.1 Damage to Personal Property

Where an employee produces reasonable proof that personal possessions are damaged by a person in the care or custody of the Employer, the Employer shall pay, to a maximum of seventy-five dollars ($75.00), repair costs, replacement costs, or personal deductible insurance provided such personal possessions are of a type suitable and/or authorized for use while on duty.

28.2 Supply and Maintenance of Equipment

It is the responsibility of the Employer to furnish and maintain all equipment, machinery and supplies required by employees in the performance of their duties. Employees shall not suffer any loss in salary in the event that they cannot carry out their normal duties by reason of the Employer failing to properly maintain equipment, machinery or supplies or by reason of power failures or other circumstances not attributable to the employees.

28.3 Indemnity

Except where there has been gross negligence on the part of an employee, the Employer will:

(a) exempt and save harmless employees from any liability action arising from the proper performance of their duties for the Employer; and

(b) assume all costs, legal fees, and other expenses arising from any such action.

(c) The Employer shall have the sole and exclusive right to settle any claim, action or judgement or bring or defend any litigation in respect of them.

28.4 Copies of Agreement

The Union and the Employer desire every employee to be familiar with the provisions of this Agreement, and her rights and obligations under it. For this reason, the Union shall have printed sufficient copies of the Agreement for distribution to employees.

28.5 Contracting Out

The Employer shall not contract out bargaining unit work that will result in the layoff of employees.

28.6 Personal Duties

The Employer and the Union agree that an employee will not be required to perform work not related to the business of the Employer. To this end, it is agreed that an employee will not be required to perform duties of a personal nature for supervisory personnel.

28.7 Payroll Deductions

An employee shall be entitled to have deductions from her salary assigned for the purchase of Canada Savings Bonds.

28.8 Client Confidentiality

Any information about clients of the Employer which is learned by an employee during the course of employment must, as a condition of continued employment, be treated as strictly confidential and each employee is expected to respect this confidentiality and to take all reasonable precautions to safeguard it.

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28.9 Administration of Medication

Employees required to administer or apply medications(s) prescribed by a licensed physician shall be trained at the Employer's expense. Employees who have not received this training will not be permitted to administer such substances.

28.10 Job Descriptions

The Employer agrees to supply each employee with a copy of her current job description. Upon request, the Union and the Bargaining Unit Chair shall be provided copies of all job descriptions in the bargaining unit.

28.11 Staff Confidentiality

Any confidential personal information about staff of the Employer, which is directly learned by the Employer in the normal course of business, will be treated as strictly confidential and the Employer shall take all reasonable precautions to safeguard it.

28.12 Vehicle Allowance

The Parties agree that they have a duty to accommodate employees who are unable to retain a Class IV licence for medical reasons. The duty to accommodate will also apply where an employee does not presently require a Class IV licence and her position is changed to require a Class IV, but the employee is unable to obtain a Class IV due to medical reasons.

No employee shall be required to continue to transport a specific client in their own vehicle when that client has damaged the employee's vehicle and that employee has had to make an insurance claim on more than one occasion. In such cases, the Employer shall make alternate transportation arrangements for that client which may include another employee willingly using her vehicle.

28.13 Required Certificates

(a) First aid requirements made pursuant to the Workers’ Compensation Act shall be fully complied with.

(b) Where the Employer requires an employee to be qualified to perform first aid duties, or required to hold certificates or licenses, the cost of renewing the required certificate shall be borne by the Employer. Time spent at the course shall be without loss of pay. Time spent in attendance at a course on a day of rest shall be compensated at straight-time.

ARTICLE 29 - HARASSMENT

29.1 Sexual Harassment

(a) The Union and the Employer recognize the right of employees to work in an environment free from sexual harassment. The Employer shall take such actions as are necessary respecting an employee engaging in sexual harassment.

(b) Sexual harassment means sexually oriented verbal or physical behaviour which an individual would reasonably find to be unwanted or unwelcome, giving consideration to all surrounding circumstances and which may detrimentally affect the work environment. Such behaviour could include, but is not limited to:

(1) touching, patting or other physical contact (2) leering; staring or the making of sexual gestures (3) demands for sexual favours (4) verbal abuse or threats

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(5) unwanted sexual invitations (6) physical assault of a sexual nature (7) distribution or display of sexual or offensive pictures or material (8) unwanted questions or comments of a sexual nature (9) practical jokes of a sexual nature

(c) To constitute sexual harassment behaviour may be repeated or persistent or may be a single serious incident.

(d) Sexual harassment will often, but need not, be accompanied by an expressed or implied threat of reprisal or promise of reward.

(e) Both males and females can be sexually harassed by members of either sex.

29.2 Personal Harassment

(a) The Employer and the Union recognize the right of employees to work in an environment free from personal harassment and agree that employees who engage in personal harassment may be disciplined.

(b) Personal harassment means verbal or physical behaviour that is discriminatory in nature, based upon another person's race, colour, ancestry, place of origin, political beliefs, religion, marital status, physical or mental disability, sex, age, or sexual orientation. It is discriminatory behaviour, directed at an individual, which causes substantial distress in that person and serves no legitimate work-related purpose. Such behaviour could include, but is not limited to:

(1) physical threats or intimidation;

(2) words, gestures, actions, or practical jokes, the natural consequence of which is to humiliate, alarm or abuse another person;

(3) distribution or display of offensive pictures or materials.

(c) To constitute personal harassment, behaviour may be repeated or persistent or may be a single serious incident.

(d) Personal harassment does not include actions occasioned through the exercising in good faith of the Employer's supervisory rights and responsibilities.

29.3 Harassment Complaint Procedures

In the case of a complaint of either personal or sexual harassment, the following shall apply:

(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive Director. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.

(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (g) below.

(c) The Employer's designate shall investigate the complaint and shall submit her report to the Executive Director in writing within fifteen (15) days of receipt of the complaint. The Executive Director shall within ten (10) days of receipt of the report give such orders as may be necessary to resolve the issue. The Union Staff Representative, the complainant and the respondent shall be apprised of the Executive Director's resolution.

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(d) Both the complainant and the respondent shall be given the option of having a steward present at any meeting held pursuant to the above investigation.

(e) Pending determination of the complaint, the Executive Director may take interim measures to separate the employees concerned if deemed necessary.

(f) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee may be transferred with her written consent.

(g) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive Director's response, the Union will put the complaint, within thirty (30) days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:

(1) dismiss the complaint; or

(2) determine the appropriate level of discipline to be applied to the harasser; or

(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.

(h) Disciplinary action taken against a harasser pursuant to this clause shall not form the basis of a grievance.

(i) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, which may include discipline.

(j) This clause does not preclude an employee from filing a complaint under Section 13 of the B.C. Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Human Rights Commission or the process specified above. In either event, a complaint of personal harassment or sexual harassment shall not form the basis of a grievance.

(k) Complaints under this Article shall be treated in strict confidence by all Parties involved.

ARTICLE 30 - CASUAL EMPLOYEES

30.1 Employment Status

Casual employees are employed on an "on call" basis to cover absences due to sick leave, vacation, special leave, or augment staff during peak periods where regular employees, as per Article 14.2(e) have not requested topped up hours. These periods shall not exceed three (3) months without the agreement of the Union. Casual employees will be considered in-service applicants when applying for vacancies.

30.2 Seniority

(a) The Employer shall maintain a seniority list of casual employees, which shall be supplied to the Union and posted on the bulletin boards.

(b) Casual employees shall accumulate seniority retroactive to their start date after having worked thirty (30) days. Seniority shall accumulate on the basis of all straight-time hours worked, and upon written notification by the Union, the hours paid for Union business.

(c) Upon return to work from receiving WCB, casual employees will be placed in the same relative position on the seniority list. The employee shall be credited with seniority hours based on the difference in hours between the next lower position on the seniority list at the time the employee went off work.

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(d) When a casual employee is hired into a permanent position, the total accumulated hours worked will be converted and credited as seniority.

30.3 Call In Procedures

Qualified casual employees shall be called in order of seniority.

30.4 Leaves of Absence

(a) The Employer shall grant, on written request, leave of absence without pay and seniority:

(1) for casual employees to seek election in a Municipal, Provincial, or Federal election for a maximum period of ninety (90) days; and

(2) for casual employees elected to a public office for a maximum period of five (5) years.

(b) A casual employee eligible to vote in a Federal, Provincial or Municipal election or a referendum shall have three (3) consecutive clear hours during the hours in which polls are open in which to cast her ballot.

(c) In the case of bereavement, casual employees are entitled to leave as per Article 20.1 without pay.

(d) Attendance at court arising from employment shall be with pay and travel expenses if required.

(e) Notwithstanding any provision for leave in this Agreement, the Employer may grant a leave of absence without pay to an employee requesting leave for an emergency or other unusual circumstances. All requests and approvals for leave shall be in writing. Upon request, the Employer will give reasons for withholding approval.

30.5 Holiday and Vacation Pay for Casual Employees

Casual employees shall receive ten point two percent (10.2%) of their straight-time pay in lieu of scheduled vacations and paid holidays.

30.6 Application of Agreement

Except as otherwise noted, the provisions of Articles 12, 13, 14.5, 16.8, 16.9, 16.11, 17, 18, 19, 20, 23, 27 and 31 do not apply to casual employees.

ARTICLE 31 - REGISTERED RETIREMENT SAVINGS PLAN

Effective October 1, 1999:

(a) All regular employees, upon successful completion of the probationary period, shall have a one-time option of enrolling in the plan. Participation in the plan is voluntary. The employee must exercise the option within ninety (90) days of the plan coming into effect or upon completion of the probationary period.

(b) Employee contributions to the Plan through payroll deduction will be on one (1) of the following basis:

�� One percent (1%) of regular earnings; or �� Two percent (2%) of regular earnings; or �� Three percent (3%) of regular earnings.

(c) The Employer will match the contributions made by each employee.

(d) Employees may increase or decrease their contribution levels, as noted in (b) above, on January 1st of each year by providing at least thirty (30) days’ written notice to the Employer.

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(e) Employer and employee contributions will be locked in on the employee's behalf.

(f) Employers who currently have a Group RRSP in place, and which implement this Group RRSP pursuant to Article 31(a), shall terminate the current Group RRSP and contributions shall be converted to the new Group RRSP.

(g) In the event that the Employer currently participates in the Municipal Superannuation Plan (or is required to participate in the future), the Group RRSP will not be implemented (or will be terminated) for employees of the Employer.

(h) The Employer will ensure that all new employees are informed of the options available to them under this Group RRSP.

Effective October 1, 2000, if an Employer does not currently participate in a pension plan (e.g. the Municipal Superannuation Plan) then participation in the group RRSP for Employees will be mandatory. No employee shall be allowed to join both a pension plan and the group RRSP.

ARTICLE 32 - TERM OF AGREEMENT

32.1 Duration

This Agreement shall be binding and remain in effect until midnight March 31, 2003.

32.2 Notice to Bargain

(a) This Agreement may be opened for collective bargaining by either Party giving written notice to the other Party on or after December 1, 2002, but in any event not later than midnight, December 31, 2002.

(b) Where no notice is given by either Party prior to December 31, 2002 both Parties shall be deemed to have been given notice under this article on December 31, 2002.

(c) All notices on behalf of the Union shall be given by the President or designate and similar notices on behalf of the Employer shall be given by the Employer.

32.3 Commencement of Bargaining

Where a Party to this Agreement has given notice under Article 32.2, the Parties shall, within fourteen (14) days after the notice was given, commence collective bargaining.

32.4 Changes in Agreement

Any change deemed necessary in this Agreement may be made by mutual agreement at any time during the life of this Agreement.

32.5 Effective Date of Agreement

The provisions of the Agreement shall come into full force and effect on the date of ratification, unless specified otherwise.

Wage rates shall be implemented in the first pay period after the receipt of funds from the government. Retroactivity shall be paid within two (2) pay periods after the receipt of funds from the government.

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32.6 Agreement to Continue in Force

Both Parties shall adhere fully to the terms of this Agreement until a strike or lockout occurs. SIGNED ON BEHALF OF SIGNED ON BEHALF OF THE UNION: THE EMPLOYER: ___________________________________ ___________________________________ George Heyman, President Alice Compagnon, Director ___________________________________ ___________________________________ Doug Dykens Angela Davies, Consultant Bargaining Committee Chairperson Human Resources & Labour Relations, CSSEA ____________________________________ Keith Graham, Staff Representative Dated this __________ day of ___________________, 2002. opeiu 378 03120503.doc

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APPENDIX A WAGE RATES

Classification March 31/98

April 1/98

Oct. 1/99

April 1/00

Oct. 1/00*

Oct. 1/01*

Oct. 1/02*

Job Coach $ 14.10 $ 14.45 $ 15.00 $ 15.30 $ 15.81* $ 16.32* $ 16.83*

Support Worker I Step 1 Step 2 Step 3

$ 13.76 $ 14.10 $ 14.45

$ 14.45--

$ 15.00--

$ 15.30--

$ 15.81* - -

$ 16.32* - -

$ 16.83*--

Outreach Co-ordinator $ 15.44 $ 15.44 $ 16.00 $ 16.32 $ 16.83* $ 16.83* $ 16.83*

Residential Line

Co-ordinator $ 16.03 $ 16.03 $ 18.35 $ 18.72 * * * * These positions/wage rates may be subject to the Joint Job Evaluation Plan process.

Equity Adjustment and Job Evaluation Recognizing that wage inequities currently exist within the Social Services Sector and that the Parties are committed to implementing equity changes as quickly as possible to eliminate the inequities, the Parties agree to the following:

(a) The Job Evaluation Plan will be developed as per Memorandum of Agreement #1.

(b) Effective October 1, 1999, interim equity adjustments of 2.5% of straight-time salary payroll shall be applied in a manner that ensures a minimum of 50¢ per hour will be applied to all positions other than those which are RCW and equivalent positions. This application methodology provides limited flexibility to address particularly skewed hourly rates. This also provides certain RCW or equivalent positions interim equity adjustments in circumstances where they may not otherwise be entitled to adjustments.

(c) The Parties shall meet no later than April 1, 2000, to determine how the funds referred to in (d) below shall be applied using the Job Evaluation Plan and the principle of addressing classifications with the largest disparities first, as a guide for application; and

(d) There will be equity adjustments effective as follows:

October 1, 2000: 2.5% straight-time salary payroll October 1, 2001: 2.5% straight-time salary payroll October 1, 2002: 2.5 % straight-time salary payroll

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APPENDIX B LIST OF ARBITRATORS

Pursuant to Article 10.2, the following individuals will hear arbitration cases:

Emily Burke Brian Foley Joan Gordon Allan Hope, Q.C. Marguerite Jackson Stephen Kelleher, Q.C. Ron Keras Judi Korbin Stan Lanyon Vince Ready

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APPENDIX C ADVANCE PAYMENT OF GROUP LIFE BENEFITS

The guidelines regarding payment of group life benefits for terminally ill employees pursuant to Article 27.7 are as follows:

1. Death must be "expected" within twelve (12) months. The employee's attending physician will be required to provide sufficient medical information, including the employee's diagnosis and prognosis, to allow the group life insurance carrier to assess the life expectancy.

2. Requests for advance payments must be in writing.

3. Authorization from the Employer must be submitted with the employee's request.

4. The amount of the payment will be fifty percent (50%) of the life insurance coverage, subject to a maximum of twenty five thousand dollars ($25,000).

5. A signed release will be obtained from the insured employee prior to payment being made. A release is not required from designated revocable beneficiaries, as they have no legal rights to life insurance proceeds until after the insured's death. Situations involving irrevocable beneficiaries or divorce judgements will require special releases.

6. The advance payment will be deducted from the final payout in accordance with the terms, conditions and limitations of the Life Insurance Policy.

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APPENDIX D EMPLOYMENT SECURITY – POLICY DISPUTE RESOLUTION PROCESS

The administrative process for the application of the Employment Security Agreement language on Dispute Resolution is as follows:

1. The Parties to this process are CSSEA and each of CUPE, HEU, HSA and BCGEU.

2. If a difference arises between the Parties relating to the interpretation, application, operation or alleged violation of the Employment Security Labour Adjustment which involves a policy issue or may have implications for other Parties to this Agreement, including whether a matter is arbitrable, the Parties directly affected by the difference shall meet to attempt to resolve the dispute at stage 3 of the grievance procedure.

3. If the dispute remains unresolved, any Party may submit the difference to Vince Ready as an expedited Arbitrator within thirty (30) days of the stage 3 meeting.

(a) The Party submitting the difference to arbitration shall notify the other Parties to the Agreement through the use of an Expedited Arbitration Form which shall include:

(i) the name of the Union, agency, and individual(s) involved; (ii) the date of the alleged incident; (iii) outline of the issue; (iv) the remedy sought; (v) the degree of urgency; (vi) the procedure requested and rationale; (vii) the name, address and phone number of the contact person.

(b) The Arbitrator shall arrange an arbitration hearing within twenty-eight (28) days of the referral.

(c) The Arbitrator will determine the procedure to be followed in a pre-hearing conference with all the Parties. To the extent possible, the Arbitrator will use the process principles expressed in the Employment Security – Policy Dispute Resolution Process, revised as necessary, to accommodate the dispute and ensure an expeditious resolution. In the pre-hearing conference, the Arbitrator will have jurisdiction to determine whether the dispute involves policy issues or may have implications for other Parties to this Agreement, or whether the dispute should be handled in Employment Security Labour Adjustment with the provisions of the expedited arbitration process.

The Parties agree that employees may file grievances related to the Employment Security Labour Adjustment. Should such grievances remain unresolved through the grievance procedure, they shall be dealt with through the following expedited process. Referrals to this process will be made within thirty (30) days of the stage 3 meeting.

Expedited Arbitration

1. The Parties agree that Colin Taylor, Heather Laing, Don Munroe and Judi Korbin are the expedited Arbitrators for issues rising from the Employment Security Labour Adjustment.

2. Either Party shall refer issues to the Arbitrator utilizing an Expedited Arbitration Form. The form will include the name of the Union, agency and individual(s) involved, the date of the alleged incident, outline of the issue, the remedy sought, the name, address and phone number of the contact person.

3. The Arbitrator shall arrange an arbitration hearing within twenty-eight (28) days of the referral.

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4. The Parties will utilize their own current staff to present the arbitration.

5. Each presentation will be short and concise and not exceed two (2) hours in length per Party.

6. The Parties agree to limited use of authorities during their presentation.

7. Prior to rendering a decision, the Arbitrator may assist the Parties in mediating a resolution to the grievance. If this occurs, the cost will become in accordance with section 103 of the Labour Relations Code.

8. Where a mediation fails or is not appropriate, a decision will be rendered on an agreed to form and faxed to the Parties within five (5) working days of the hearing.

9. All mediated resolutions or decisions of the Arbitrators are limited in application to that particular dispute and are without prejudice. These decisions shall have no precedential value and shall not be referred to by either Party in any subsequent proceeding.

10. If the Arbitrator or the Parties conclude at the hearing that the issues involved are of a complexity or significance not previously apparent, the dispute shall be referred back to the Parties for disposition in Employment Security Labour Adjustment with the Policy Dispute Resolution Process.

11. It is understood that it is not the intention of either Party to appeal the decision of an expedited arbitration proceeding. The expedited Arbitrator shall have the powers and authority of an arbitration board established under the Labour Relations Code.

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APPENDIX E EMPLOYMENT SECURITY - REGION

A potential placement for any employee shall be deemed to be in their region in the following circumstances:

1. The road distance between the employee's current workplace and the potential placement facility is:

(a) Group 1 - Within fifty (50) kilometres where the employee's current job is located in all of Greater Vancouver and all of the Fraser Valley up to and including Hope, but excluding all of Greater Victoria and all of the Saanich Peninsula.

(b) Group 2 - Within seventy-five (75) kilometres where the employee's current job is located in all other areas except for the above.

2. If there is no placement within the distances in (1.) above, and the potential placement is no further from the employee's residence than the distance that the employee commutes to the employee's present job.

3. In the case of a second placement for an employee who has reverted to the original Employer at the employee's request, the maximum distances set out above shall be increased by twenty percent (20%).

4. Notwithstanding the above:

(a) Where there are options, i.e. more than one position available at the same time, the HLAA shall attempt to place employees with a view to their individual circumstances. For example, if there are two placement options, one is near the limit of the region on one side of the employee's current Employer, and the employee's residence and the other placement option is on the other side of the current Employer, the HLAA would attempt to place the employee with the Employer nearest to the employee's residence.

(b) Where placement cannot be made within three (3) months of the time that an employee was designated for placement, the problem shall be referred to the HLAA, which shall have the authority (after ensuring that all other reasonable options have been exhausted and that no placement opportunities are reasonably foreseeable in the immediate future) to modify the definition of "region" with respect to that employee in order to increase potential placement opportunities.

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MEMORANDUM OF AGREEMENT #1 RE: JOB EVALUATION PLAN

between Certain Employers represented by

Community Social Services Employers’ Association (CSSEA) and

B.C. Government and Service Employees’ Union (BCGEU) Canadian Union of Public Employees (CUPE)

Health Sciences Association (HSA) Hospital Employees’ Union (HEU)

The Parties recognize that the Community Social Services Sector has unique characteristics. There is a need to ensure an appropriate job evaluation plan is in place which reflects the organization of the workplace and the manner in which work is provided in the sector. The Parties shall establish a Joint Union/CSSEA committee (or sectoral Union/Employer committee), comprised of representatives of the employees and Employers. CSSEA and the Union(s) will have an equal vote. The committee will be charged with developing a plan to achieve equity between jobs in the sector, with implementing the plan and with establishing a maintenance mechanism. Recognizing that this sector is composed of a significant diversity of wage rates and job titles and that this is the initial step in an evolutionary process, the Community Social Services Job Evaluation Plan must reflect the following principles: � early implementation; � easy to apply and administer; � explainable in non-technical terms; � fair and equitable; � logical and functional to users; � based on input from employees and Employers; � reflective of the organization of the workplace; � gender neutrality. The joint committee shall be responsible for establishing terms of reference which achieve the foregoing principles and for the implementation including data gathering, establishing benchmarks, analysis and evaluation. The committee may make recommendations to the bargaining principals on the distribution of funds which achieve the objectives of the foregoing principles. The committee will attempt to resolve all issues within twelve (12) months of the date of signing of this Memorandum. The Parties agree that the following will apply to the agreed-to job evaluation plan: � The plan will be quantitative point-factor plan; � Jobs will be described by the Employer in consultation with employees. Job descriptions will be

reviewed by the joint committee and compared to agreed to benchmarks which have been developed for the sector and to the job evaluation plan;

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� Job descriptions will be reviewed with the affected employee or a representative group of affected employees by the joint committee to ensure they fully describe the duties and responsibilities. Job descriptions will describe job duties and responsibilities as clearly and specifically as possible;

� Data gathering in the form of an open and closed ended questionnaire will be jointly conducted where necessary in order to prepare job descriptions;

� Duties and responsibilities may be changed by the Employer subject to the changes being properly documented in the job description and reviewed by the joint committee;

� Job descriptions will be evaluated and assigned a pay grade by the joint committee; � Job descriptions which have been changed will be re-evaluated by the joint committee using the

job evaluation plan; � For the term of this Agreement, and notwithstanding the language in any collective agreement,

there will be no appeal process respecting wage or classification issues which may arise out of application of the job evaluation process. Any issues, including appeals, which arise respecting the application of the plan may be forwarded to the joint committee for resolution until the maintenance mechanism is agreed and implemented;

� Employees shall not have their salary reduced as a result of implementation of the job evaluation plan;

� For the term of this Agreement only, incumbents whose job is reclassified downward, shall receive all general wage increases.

Facilitation and Dispute Resolution

Where deemed necessary by either Party, Stephen Kelleher will assist the Parties in reaching agreement or, where resolution is not achieved, issue binding decisions where required. Stephen Kelleher shall not have jurisdiction to render decisions on implementation of, or effective dates of, equity adjustments. Signed and dated by all Parties June 9, 1999.

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MEMORANDUM OF AGREEMENT #2 RE: REGISTERED RETIREMENT SAVINGS PLAN

between Certain Employers represented by

Community Social Services Employers’ Association (CSSEA) and

B.C. Government and Service Employees’ Union (BCGEU) Canadian Union of Public Employees (CUPE)

Health Sciences Association (HSA) Hospital Employees’ Union (HEU)

With respect to the group RRSP proposed by the Employers on April 28, 1999, in order to ensure the timely establishment and implementation of a group RRSP plan for the benefit of employees in this sector, the Parties to this Agreement agree that Manulife Financial will continue as the transitional plan administrator/fund manager for all member agencies and their participating employees until the expiration of this Collective Agreement. Where an Employer already has a carrier it will only be changed by mutual agreement. This Agreement is on a without prejudice basis as to the final decision of the Parties as to the jointly agreed to plan carrier. In order to facilitate an orderly and comprehensive review of all available options, the Parties shall establish a joint committee no later than October 1, 2000, to review the administration and performance of the group RRSP and assess all available options. The Parties shall have equal representation on the committee and shall develop terms of reference and review, which are mutually acceptable. No later than the expiration of the Collective Agreement, the Parties shall agree to the selection of a mutually agreed upon carrier for the group RRSP. SIGNED ON BEHALF OF SIGNED ON BEHALF OF THE UNION: THE EMPLOYER: ___________________________________ ___________________________________ George Heyman, President Alice Compagnon, Director ___________________________________ ___________________________________ Doug Dykens Angela Davies, Consultant Bargaining Committee Chairperson Human Resources & Labour Relations, CSSEA ____________________________________ Keith Graham, Staff Representative Dated this __________ day of ___________________, 2002.

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MEMORANDUM OF AGREEMENT #3 RE: 24-HOUR LIVE-IN SHIFTS

between Certain Employers represented by

Community Social Services Employers’ Association (CSSEA) and

B.C. Government and Service Employees’ Union (BCGEU) Canadian Union of Public Employees (CUPE)

Health Sciences Association (HSA) Hospital Employees’ Union (HEU)

All references to live-in shifts in the Collective Agreement will be deleted at the completion of Phase 2 of the transition period. Purpose The purpose of this memorandum is to modify the use of continuously scheduled twenty-four (24) hour live-in shifts. Employees who work shifts in excess of sixteen (16) hours and are paid at a flat rate for the whole shift, will also be covered by this Memorandum. It is the aim of the Parties to make changes to these shifts with as little disruption as possible to clients and workers. The Parties further agree to set up a local transition committee to monitor and resolve any unforeseen issues from the implementation of these changes within the individual bargaining units. Principles 1. The Unions will provide a finite listing of the agencies that may qualify for a modification of the

live-in shifts. 2. A phase-in period will be required to meet the conditions of the changes. Implementation will

occur after the Employer has received the additional funding from the Ministry. 3. The rates of pay for the newly created position(s) will be consistent with the rates for the

classification as evaluated in the job evaluation plan. 4. Upon completion staff will work an average of no more than forty (40) hours per week. Hours of

work will be paid on a straight-time hourly basis in accordance with the Collective Agreement. 5. Staff currently working in twenty-four (24) hour shifts will be offered the newly created positions

prior to the positions being posted. 6. The Parties will review the Collective Agreements of the bargaining units affected by the

modification of twenty-four (24) hour shifts and will make any required changes to those Collective Agreements.

Transition The Parties will set up local transition committees to implement the transition to straight-time hourly rates. Upon completion of the transition, employees should work an average of no more than forty (40) hours per week. The total phase-in period will take no more than six (6) months from the date of ratification.

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Flat Rate Shifts For all employees working shifts which are compensated on a daily flat rate basis, these shifts will be converted to an hourly equivalent for the purposes of calculating applicable changes to compensation. SIGNED ON BEHALF OF SIGNED ON BEHALF OF THE UNION: THE EMPLOYER: ___________________________________ ___________________________________ George Heyman, President Alice Compagnon, Director ___________________________________ ___________________________________ Doug Dykens Angela Davies, Consultant Bargaining Committee Chairperson Human Resources & Labour Relations, CSSEA _ ___________________________________ Keith Graham, Staff Representative Dated this __________ day of ___________________, 2002.

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MEMORANDUM OF AGREEMENT #4 RE: ARTICLE 15.3, SPLIT SHIFTS

between Fairview Management Services Ltd., represented by the

Community Social Services Employers’ Association (CSSEA) and the

B.C. Government and Service Employees’ Union (BCGEU) For the term of this Collective Agreement, and notwithstanding Article 15.3, Split Shifts, the Parties agree as follows:

Whereas current practice includes the use of split shifts under quite specific program specifications; and

Whereas the issue may arise from time to time for specific program specifications, or an emergency service need may exist; and

The Employer and Union agree to consult with each other prior to implementation of a new split shift to ensure that the conditions of the Collective Agreement are met.

SIGNED ON BEHALF OF SIGNED ON BEHALF OF THE UNION: THE EMPLOYER: ___________________________________ ___________________________________ George Heyman, President Alice Compagnon, Director ___________________________________ ___________________________________ Doug Dykens Angela Davies, Consultant Bargaining Committee Chairperson Human Resources & Labour Relations, CSSEA ____________________________________ Keith Graham, Staff Representative Dated this __________ day of ___________________, 2002.

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MEMORANDUM OF AGREEMENT #5 RE: ARTICLE 27, HEALTH AND WELFARE BENEFITS

between Fairview Management Services Ltd., represented by the

Community Social Services Employers’ Association (CSSEA) and the

B.C. Government and Service Employees’ Union (BCGEU) For the term of this Collective Agreement, the following benefits shall be maintained until such time as the corresponding provision in Article 27 of this Collective Agreement meets or exceeds the following: 1. Article 27.5 Dental Plan

Coinsurance A/B 60% of B Max for Orthodontics 50% of $1500 Dental Cleaning 2x annually

2. Article 27.6 Extended Health Plan

Coinsurance 100% Deductible n/a Overall Maximum Unlimited Oral Contraceptives Yes Paramedical Services $350/year, includes psychologist Hearing Aids $400/5 years (adults and children) Vision Care n/a

3. Article 27.7 Group Life and Accidental Death and Dismemberment

(a) Group Life Coverage Amount n/a (b) AD & D Coverage Amount n/a (c) Dependent Life Coverage Amount Spouse/Child n/a

4. Article 27.8 Long Term Disability Plan Coverage Amount n/a Elimination Period n/a Cost sharing n/a

5. Short Term Disability/ Weekly Indemnity Plans

Coverage Amount/Maximum Amount n/a Elimination Period n/a Duration of Benefit n/a Cost Sharing n/a

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6. Miscellaneous Dual Coverage Yes Direct Pay Drug Cards No Pharmacare Tie-in No

SIGNED ON BEHALF OF SIGNED ON BEHALF OF THE UNION: THE EMPLOYER: ___________________________________ ___________________________________ George Heyman, President Alice Compagnon, Director ___________________________________ ___________________________________ Doug Dykens Angela Davies, Consultant Bargaining Committee Chairperson Human Resources & Labour Relations, CSSEA ____________________________________ Keith Graham, Staff Representative Dated this __________ day of ___________________, 2002.

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LETTER OF UNDERSTANDING #1 RE: CALL IN PROCEDURE FOR CASUAL EMPLOYEES

between Fairview Management Services Ltd., represented by the

Community Social Services Employers’ Association (CSSEA) and the

B.C. Government and Service Employees’ Union (BCGEU) 1. Casual employees wishing assignments in their work facility or programs must register with the

Program Supervisor for positions and assignments available.

2. Casual employees will be offered replacement assignments on the basis of seniority. Casual employees will be given as much notice as possible. In cases where there is an emergency, however, the first available employee will be assigned.

3. The Employer will make every reasonable effort to contact casual employees for replacement assignments as soon as the need is known to the Employer. All such calls are to be logged with name, date, time, what answer was received and the initials of the caller. A minimum of two (2) calls will be made per staff person on a shift to the casual employee if the assignment is more than a twenty-four (24) hour period from the time of the call. All calls regarding shifts to be covered are to be logged with name, date, time and what answer was received and the initials of the employee doing the scheduling. Confirmation or refusal of offered assignment must be made at the time of the offer.

4. Once having accepted an assignment, a casual employee has the same obligation to report for and complete that assignment as would be expected of a regular employee.

5. Once having accepted an assignment, a casual employee will not be eligible for any other assignment that conflicts with it, unless such subsequent assignment is for a duration of three (3) shifts or longer.

6. Notwithstanding paragraphs 4 and 5 above, casual employees may exchange shifts with other workers in the same work area as long as they are available and agreeable and there is not interference with client care needs.

7. A casual employee is allowed two (2) refusals every four (4) months. Upon a third refusal, the employee would go to the bottom of the seniority list; however, they shall retain their current level of pay.

8. Casual employees will not be marked as a refusal when they: (a) are on an approved leave of absence; (b) are on vacation; (c) are involved in a serious household or domestic emergency, or other serious event

beyond their control.

9. Regular paid hours for casual employees must not exceed eighty (80) hours in a pay period of two (2) weeks. (Pay periods vary in length from fifteen [15] days to sixteen [16] days depending on the month. Pay dates are on the 15th and the end of the month.)

10. The above call-in procedure may be amended by agreement to meet individual program preferences/needs.

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11. Upon notification to the Union, the Employer and Union may negotiate at the local level, variations of the call-in procedure, provided that what is negotiated does not conflict with the terms and conditions of the Collective Agreement.

SIGNED ON BEHALF OF SIGNED ON BEHALF OF THE UNION: THE EMPLOYER: ___________________________________ ___________________________________ George Heyman, President Alice Compagnon, Director ___________________________________ ___________________________________ Doug Dykens Angela Davies, Consultant Bargaining Committee Chairperson Human Resources & Labour Relations, CSSEA ____________________________________ Keith Graham, Staff Representative Dated this __________ day of ___________________, 2002. opeiu 378 03120503.doc